Being chased by dca's

[Carter25]

Hi Im hoping someone can give me some advice

 

Within the last two weeks I have recieved letters from debt collection agencies for four different outstanding debts that I ran up over 9 years ago whilst at uni.

 

Im at my wits end what to do as I live on my own and struggle as it is. Ive been reading about the limitations act and have prepared some letters based on the templates available but am scared to send them off after reading about some of the tactics these dca's can use. Im also scared by sending them I will make matters worse.

 

Ive checked my credit files with equifax and have no ccj's or defaults at present. Infact ive tried really hard to build up my credit rating again.

 

Ive not slept the past few nights and am dreading the post each day, feel sick to the stomach and dont know what to do for the best. I would appreciate anyones advice...

[2Grumpy]

If you haven't made any payments in the last 6 years (or nearly 6 yrs) then do nothing

In any case do nothing yet

Don't pay anything

Don't acknowledge the debt

Wait for them to prove the debt is yours & that they are legally entitled to collect it. If it is collectable then get further advice (here) about what to do next.

[Ell-enn]

Carter 25, firstly - don't panic. Who are the DCA's that are chasing you?

Some DCA's buy up statute barred debts which they hope they can frighten and intimidate people into paying. If you have not acknowledged these debts in writing or made any payments to them in the past 6 years - they cannot enforce payment.

 

Please try to sleep easy tonight - I know it's hard (I've been there) - especially as you live on your own - but you are in good hands at the CAG. All the help and advice you could possibly need is here. From what you say - I don't think you have anything to worry about. If you know for definate that you have not had any contact in the last 6 years I would just file these letters somewhere in case you need them.

 

Hope this is helpful

[Carter25]

Should I not even send out the limitations template? Wont ignoring them make matters worse?

[Ell-enn]

At the end of the day it's your call - from experience though I've found that you might get another letter but that's all. They know fine that the debts are stature barred and that they are on a hiding to nothing. I wouldn't waste paper and stamps.

 

Who are they by the way?

[Carter25]

Ones Red Debt Collection Agency

 

Two from Lowells and one from Thames Credit

 

Ive never felt so sick and worried...just wish there was this much help years ago when I took the debts out and ran into difficulty.

[Ell-enn]

Please try to stop worrying - there's really no need to get in a state (easily said I know) - have a read round some of the other threads about the same DCA's and you'll see that, apart from the fact you're not alone in this - there is help and advice when you need it to tackle these bully boys.

 

Finding this site has changed the life of so many people and given them the confidence and strength to rise above DCA intimidation.

 

As I said, you're in good hands now. Whenever you need to get it off your chest - just log on and post whatever is on your mind - someone will be there to help.

[diskmandave]

Hi there, first thing to do is stop this losing sleep and worrying nonsense!

 

If you've made no payment or written acknowledgements in 6 years, and there are no CCJ's then these debts are Statute Barred. Personally I think you absolutely should send the Statute Barred letter because once sent it's against OFT debt collection guidelines to further pursue the accounts.

 

The Statute Barred letter can be found here;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162366

 

They aren't breaking any rules pursuing the accounts even if they are S/B until you tell them you won't be paying and for that reason.

 

Good luck, Dave.

[Ell-enn]

Hi there, first thing to do is stop this losing sleep and worrying nonsense!

 

If you've made no payment or written acknowledgements in 6 years, and there are no CCJ's then these debts are Statute Barred. Personally I think you absolutely should send the Statute Barred letter because once sent it's against OFT debt collection guidelines to further pursue the accounts.

 

The Statute Barred letter can be found here;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162366

 

They aren't breaking any rules pursuing the accounts even if they are S/B until you tell them you won't be paying and for that reason.

 

Good luck, Dave.

 

Diskmandave gives excellent advice - do what he suggests and then relax.

[fluidgeorgie]

Hello C25

 

Suggest you read a few other threads and you will soon realise you are not alone and then you can choose whichever course of action you are happiest with. If you need any future advice just post and you will get all the support and assistance you need from the marvelous people here.

 

After finding this site we decided to ignore the initial fishing for victims letters we were sent.

 

If you decide not to reply, do prepare yourself for the possibility of some intensive phone calls from the dca trying to track you down.

If you get one they are likely to be VERY pushy, bullying almost, in their approach (I remember how sick and drained I felt after receiving my first phone call from J2 and I'm well used to pressure, stress working on the phone).

 

But remember you don't have to answer their questions.

Keep control of the call, say you do not answer any questions from cold callers & then hang up (thanks to the information on this site I now feel confident enough to play silly buggers with them and see how long I can keep them on the phone before they hang up).

 

After a few more calls I have realised how empty their threats are and how they rely on scaring & bullying people.

 

Hope you enjoy a really good nights sleep.

[diskmandave]

Here'a the relevant part of the guidance;

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be

carrying out further work on this aspect of debt recovery including analysis of

relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

Good luck, Dave.