shackles,dont worry about it. just make sure you tell them verything and they will be ok. the people where i went were very nice and very helpfull. you have done nothing wrong,you arnt up on a mrder charge,its happening more than you think. if they are rude and not helpfull,the report them. they are ment to be there to help you not make judgments. im out of br now,i was only in 7 months and got discharged. good luck.

Home > News > Feature In debt: what can a bailiff take from my home? Expert guide to debt consolidation Choosing a debt consolidation company When does an IVA begin to protect me? Economic slump reinforces importance of debt advice What can I do to avoid Christmas debt? When do I need debt advice? Building on booms & surviving slumps – does debt consolidation make sense today? Consolidation loans – not always enough on their own... Online shopping: still going strong Inflation: how much have costs of living really gone up? Tax Freedom Day Debt consolidation mortgages - 3 questions to ask The Bank of England - swapping secure assets for `problem` debts Reasons for debt; solutions to debt Household spending: cutbacks in 2008 Charging orders: security matters The mortgage market slows down Where does the credit go? Debt freedom day - an ‘interesting’ concept Diamonds are forever, but debts can become unenforceable 29/02/2008 Everyone knows: when someone borrows money, they have a responsibility to make sure it is repaid. But not everyone knows that the creditor shares that responsibility. The Limitation Act 1980 states that most debts can become ‘statute barred’ after 6 years (12 years for mortgages and secured loans). This means they become unenforceable – you still owe the money, but the creditor can no longer take action to recover it. This can only happen if: the creditor hasn’t contacted you (at your last known address) or taken action (e.g. court action) in that time and you haven’t made payments or acknowledged the debt in that time. The Debt Collection guidance from the Office of Fair Trading (OFT) states that it is unfair for creditors to tell you the debt is still legally recoverable if it isn’t – or to push for payment if you’ve already disputed the debt and cited the Limitation Act. If a creditor does either of these, you should complain to the local Trading Standards Department or to the OFT. However, please note that the Limitation Act 1980 contains various exceptions and a great deal of complicated legal terminology. If you think it might apply to one of your debts, it’s essential you seek advice from a debt specialist, so you can be sure you’re saying the right things and staying within the law. 6 years for most debts Most debts can be declared statute barred if they’re left ‘untouched’ for 6 years. You may be surprised to hear that this includes Community Charge or Council Tax debts. An example: Imagine you took out a personal loan 10 years ago, but stopped making repayments after 3 years. Since then, you’ve not contacted them and they’ve not contacted you, even though you’ve not moved house. Then, yesterday, a letter arrived on your doormat requesting payment. Since they’ve left it for 7 years, the debt is probably unenforceable – but you can’t simply ignore it. It’s up to you to seek debt advice and dispute the debt on the grounds that the Limitation Act 1980 means you no longer owe the money. Note that the 6-year period can ‘reset’. In this example, if you’d contacted your creditor in 2006 and admitted the debt, the Limitation Act 1980 would not apply until 2012. Exceptions to the rule If a creditor has been granted a County Court Judgment (CCJ), the debt will still be enforceable, with the court’s permission, even if it’s more than 6 years old. But if the creditor got the CCJ after the debt itself had become statute barred, you can ask the court to set it aside. The Department of Work & Pensions (DWP) has just 6 years to recover benefit overpayments and social fund loans through the court. But they don’t have to go to court to deduct money from benefit payments they make to you, so they can do this even if the debt is over 6 years old. Student Loans are an unusual case, as they changed in September 1998. Any Student Loan taken out before this date was a consumer credit agreement, which means the Limitation Act 1980 applies. But any Student Loan taken since then is an ‘income contingent’ loan – so repayments can be deducted from your wages without any court involvement, regardless of how old the debt is. Income Tax and VAT (Value Added Tax) debts never become unenforceable, however old they are. A real-life mortgage story Mortgages and secured loans cannot become statute barred until 12 years have passed – but this can happen, as illustrated by the following real-life story. A Stockport man hadn’t paid anything to his mortgage since 1993 and was later declared bankrupt. His bank had not taken any action since 1992, and in March 2007 a judge accepted that his mortgage was ‘extinguished’. The Limitation Act 1980 meant that the bank’s right to enforce the mortgage was ‘barred’. The bank had allowed more than 12 years to pass without taking legal action, so the property became legally his.

hi, dont worry about a bank account,the co-op will give you 1 with a debit card,mnost other banks will not. they gave me 1 hope that helps.

hi. when you have a shortfall in you repossesd home it no longer becomes a priority debt,so even if they took you to court you would only be able to pay them a token amount. as for your tvs,they may well look at that as you could have paid that money to your creditors. however,you wont be forced to seel that last car as you need transport and its not worth more than 3000. going or,would wipe it all away and you would have fresh start,and if you read my story,you will see how it happend to me. if you dont own anything,and they will look,then go br,saves them chasing you for the next 29 years or so. www.nationaldebtline.co.uk these people will really help you . heres there number. 0800 808 4000 good luck

hi. they cant touch you as long as you have had no contct. its an agncy trying it on,hopeing you will poop yourself into giving them some money. over 6 years old,statute barred. see enclosed letter. Your Name: Your Address: Date To: WITHOUT PREJUDICE Dear Sir/Madam Account No: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued". I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I/we look forward to your reply. Yours faithfully

hi. to everyone who is thinking about it,here is my story. i was ripped of in a property [problem] some 5 years ago now. we went everywhere to get some help,to the powers that be and to the people whom you would think,would want to listen.we were duped by a crokked surveyor and also by solicitors who have been closed down due to mal practice. we went to rics,esurve,colleys and,all the people who had lent us the money. they knew deep down something was wrong,but they all closed ranks. so i and 5 other people were taken to the cleaners. 3 of us lost our flats,whcih were buy to let,and i dont know what happend to the others as i do not hear from them anymore. now when the halifax came after me for 90000k,i had a choice,do i let them chase me for the next 20 years or do i go under. well i did the later. i had nothing to hide and it was the best thing i could have done. it is a bit daunting but the people at the courts and the or could not have been more helpfull,and they totaly knew it was the only option open to me i went br last july,then recieved a letter in november saying i may be discharged early. yesterday i had an offical letter telling me i was now out of bankruptcy. so there you have it. it was hard to do,but now im free of any debt,with some hard lessons learnt,and i can now begin to get back to some normality. if anyone would like some advice or need help with anything related to this ,please feel free to contact me on here at any time. to all those who are thinking about going under,just talk to reliable people,like the national debt helpline who will listen to you and give you the best advice they can. alan:)

hi. ignor them,tell them to poke it where the sun dont shine,they cannot touch you after 14 years. all the do is intemedate people who wouldnt know any better and they will pay them something. its a percentage game with them. you owe them nothing,if they keep harrassing you tell them you will report them to the relevant bodies for harrasment.

major probs. my adivice to you would be to contact these people asap.http://www.nationaldebtline.co.uk/ if you have kids and you own the house and you go bankrupt,they will normaly give you a year to sort everything out. read there webb sit to its very interesting. you arent the only one i can assure you. dont quote me on that ,but contact these people and they will help you all the way through it and advice you on the best way to go. you wont do time,but tell them everything,and if you go bankrupt be honest with them to. good luck alan

ive been through the same as you. nothing to hide told them everything and have now been br for nearly 4 months. it takes a lot of of your mind and a fresh start will get here soon. if you have nothing they cant take nothing. i was some 90000 in debt. not all my own doing in fact most was 1 debt that i wont go into. if you feel that you can put up with all the form filling and the phone call to the or,then go for it. everyone from the person at the court to the or, were very very helpfull and they all listend to what i had to say and never once made me feel bad about doing it. i had been taking advice from ndhl for ages and also the bdhl.both were very help full indeed. in fact the women at the court could not have been more helpfull to me. happy days alan

point. there is no such thing as an unsecred loan. if you ow 1000 or more they can put that charge against your home,therefore it then becomes a secrued loan. someone need to really tell the public that there is no such thing as an unsecured loan.

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

2 things. a,the baliff has no right to give you advice and you did the right thing by not letting him in your home,once in they can then break into your house if they see an open window at a further date and theres nothing you can do about it so best not to let them in at all,they have no right of access even with the police there,do not let anyone tell you any differant. b,go here,they will give you all the help you want,they are very good and have helped me through my br. good luck alan

hi, if you have made no payments over this time or had any contact with them its statute bard. this means that the debt is totaly uninforcable alan

if you type cca request in the search box at top of page will take you to all sorts of info. good luck

this to. Failiure to provide a copy of the agreement within the prescribed timescale User Rating: / 16 PoorBest Failiure to provide a copy of the agreement within the prescribed timescale. Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited) ACCOUNT IN DISPUTE Date: Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE** You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request). The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

this may also help you Re: CCA Request If an agreement is unenforceable you can't reclaim the interest, if you tried you would be in effect admitting that an agreement was in place. The letter below is what you send to request your CCA, They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there; Dear Sir/Madam Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition) I look forward to hearing from you. Yours faithfully **Edit to suit**

there is plenty to help you on this forum. if they dont reply in 40 days they are in breach of contract and it gives you the right to stop paying. them anyhting you owe them. if they then say they are taking you to court right to the judge telling him they did not show you the deatils of your cca request. if you chack out other people on this site they will tell you the same thing but in more detail alan

hi. if you feel bankruptcy is the only option open to you have a word with these guys. i filed today have my hearing thusrday. these people are very good and if you are working for yourself they will give you the number of the business debt helpline who are as just as helpfull. National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

hi. if you feel bankruptcy is the only option open to you have a word with these guys. i filed today have my hearing thusrday. these people are very good and if you are working for yourself they will give you the number of the business debt helpline who are as just as helpfull. National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

hi. if you feel bankruptcy is the only option open to you have a word with these guys. i filed today have my hearing thusrday. these people are very good and if you are working for yourself they will give you the number of the business debt helpline who are as just as helpfull. National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

hi. if you feel bankruptcy is the only option open to you have a word with these guys. i filed today have my hearing thusrday. these people are very good and if you are working for yourself they will give you the number of the business debt helpline who are as just as helpfull. National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

if they dont comply with your request for the terms an conditions as layed in in the cca then they dont have a leg to stand on. they must send you the origanal document and not a copy. hope this helps. there is lots of info on here ,take the time to go through it and you will find what you are looking for good luck alan

Hi. be very carefull .the banks can and will do what they like.they did it to me a few years ago,took money out of my account to pay an overdraft of. i warn you now thay will do what is nenessary to get there money includeing putting the whole amount against your house and could even force you to sell it. rats nest did it to me and if it wasnt for a good judge on the day they would have done it.

i have a close friend who has had enough and wants to go bankrupt. hes not doing it because he wants to,he is in real diffeculty. he has a house but it has no equity in it at all and has a car on finance. what he would like to know is if he does go bankrupt and still pays the mortgage on the house would they take it of him or allow him to keep it. many thanks alan

hi all. my wife went to the bank last week and thet guy behind the counter had a look at her credit card. he then informed her that she would be better of getting a loan to pay the debt of. however he also informed her that being a self employed person she wasnt coverd on the payment protection insurance. she has had the card for over 5 years or more and payed various amounts over that period of time. now what i would like to know is how she stands legaly and can she now claim that money back,as she was not told that self employed people are not coverd by ppi. also she was given a new card some nine months ago and never signed a new cca agreement. it was to replace the old card that had run out. any help on these 2 matters would be greatly apprieceatted. cheers alan