Hi thanks for this, but if the debt is statute barred or soon to be, if I start reclaiming am I not then acknowledging the debt? No I don't have all the statements which is why i can't say for certain when the last payment was made the statement wcs has sent me is from 2011. I got into financial difficulties in 2007 so with it coming off cra`s a couple of months ago, I took it last payment would have been around that time?

Hi there, after some advice please. I defaulted on an Egg loan years ago after getting into serious financial difficulties, had heard nothing from Egg or DCA's for at least 3 years and then Brittanica recoveries sent me a letter in June 13, I CCA'd them and after months sent me an agreement (attached). I wrote back to say that there were no terms and conditions and that PPi had to be shown separately (read that somewhere on here) this debt dropped off my credit file some months ago, my theory was that it is now Statute barred, I have never acknowledged this debt or made any payments for years, it was passed from one DCA to another in the beginning, but has been quiet for at least 3 years until out of the blue Britannica/Arrow Global stared chasing. I then got a letter from Wilkin Chapman Solicitors in September acting on behalf of Britannica asking for my repayment proposals. I stated that the debt was SB and they said the last payment made was 14th December 2008, I asked for proof of this but they have not been able to provide it, but they have sent me a copy of the CCA - same one Britanica sent me. I read somewhere on here that if the agreement has the PPI and amount of credit lumped together then the agreement would be unenforceable?? Is that right?? Can someone please advise Im just wondering how to respond to Wilkin chapmans latest letter, do I go down the unenforceable route or the Statute barred route. I don't want to reclaim the PPI because that would be acknowledging the debt wouldn't it? As it dropped off my credit file I don't know when I made the last payment, but the agreement was made in 2004 after they sent me a letter telling me I had been pre-approved for a loan. Do I claim that its statute barred unless they can provide proof it isn't? Wilkin Chapman have asked to respond within 7 days so any advice on how to proceed would be greatly appreciated. Thanks.

Thank you

Yes, thank you, but also is what Im doing correct, i.e when a DCA contacts me, send a letter back saying I do not acknowledge any debt and please substantiate by sending a copy of the CCA? Im still confused as to the status of these debts if I die though, me and my hubby are about to make our wills which is why it has made me think what would happen to them. if the debt was not yet statute barred and the creditors came after them, would my hubby have to do the same, say they are disputed and request a copy of the CCA? In which case, it could take months/years to resolve and in the meantime the estate couldn't be released, 'Bearing in mind that all bills, debts and taxes have to be settled before you can share out the deceased's remaining money, property and possessions' Taken directly from the direct.gov.uk website.

Bump

Hi thank you for this. The debts totalled £75k, I did Full and Final settlemnts on £50k and the rest refused the F&F offers. I have CCA'd them all, most of them have no CCA and the rest just sent application forms as most of these debts were around 2004-2006. There is a mixture of credit cards, loans, catalogues and store cards (yes got myself in a right mess). If I start going down the route of claiming back charges and PPI as I know alot of them did have PPI that I subsequently cancelled, am I not then acknowledging that I had an agreement with them and so the debt? I have kept them at bay for 2 years by sneding them "I DO NOT ACKNOWLEDGE ANY DEBT LETTER, PLEASE SUBSTANTIATE WITH A VALID CCA" and then all that happens is it go's quiet for a couple of months and then gets passed on to another DCA, so do I just keep doing what Im doing until 2016 or is there a better way or different letter I should send them or just completely ignore them? The reason I ask about the estate is there is alot of equity in the house and I am worried that they would force a sale if there are no other assets and my daughters would lose out for my stupidity in the past. I note that Statute Barred means they cannot legally enforce the debt after 6 years but that the debt does still exist and it would concern me to think it might takes months/years for creditors to wrangle over disputed debts and all the time my daughters would have to wait until it was sorted out.

Thank you so much for your reply and taking the time to read my post. I have been sending the "I DO NOT ACKNOWLEDGE ANY DEBT, please substantiate" letter found on this site, is that ok to use or should I be sending something else until 2016? Also, if godforbid I died would these creditors be able to claim from my estate if before they become statute barred. The debts are all disputed because no CCA's, F&F done but balance sold on, and if statute barred could a creditor still claim from the estate?

Hi Im wondering if someone can quash my confusion and answer some questions I have around Statute Barred Debts as I have been reading up on it and am confused. Firstly, If a DCA contacts you within the 6 year period from last payment, does that re-start the clock or does it depend how you respond ie. if you do not acknowledge the debt and ask them to substantiate would this count?If that is the case, after the 6 years have passed you can send a letter to say the debt is statute barred and you will not be paying if a DCA contacts you, however the OFT debt collection guidelines state ................ "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 (section 3.15 (b) i)." So Im confused, if a DCA has been in contact but I have made no payment since 2010 and never acknowledged it since would the debt be considered statute barred in 2016? How does it become statute barred, do I have to inform someone and even though it's staute barred the debt does legally exist just can't be enforced, Im worried that if I die it could get passed on to my husband or kids, am I right in thinking that? Sorry for all the questions or if I don't make sense, any advice would be greatly appreciated

ok got it. Thank you very much.

Ok, thank you. Im just a little confused on what is considered statute barred. Some of the Dca's have carried on chasing yet I have always replied sayig I do not acknowledge the debt. Can they still be considered statute barred if these dca;s are still chasing for it?

Bump

ok been a while since i posted. as some of the dca's keep chasing for the balance, can I assume that in 4 years time these debts will be statute barred as I pad the F&F in May 2010 and have never acknowledged it since? and even if statute barred is there any law or anything that would stop them chasing me forever?

Ok long story short, they found my defence the mail clerk had not put it in my file!!! A hearing was set for 11th April 2012 providing claimant paid fee by 29th december 2011. Now just had a letter dated 24th January 2012 saying claimant had not paid fee so claim was struck out, then had another letter dated 25th January saying claimant had now paid and hearing was back on???? Can they do this???

Just managed to get through to the court and they said they haven't received my Defence even though it was sent on the 16th Nov. Given that it was to be recived by the court by 21st Nov, can I still send in another copy??

Well no response to my F&F settlement offer in the time allocated so now have to submit my properly pleaded defence by the 21st november. Claimant has to do the same.

ok got it now - thank you!

Sorry, confused now> Could they take my husbands stuff if then? the claim is in my name only, but obviously I live in my husbands house. Can they send a bailiff if the house is in his name?

Its a standard order for stay for settlement with cionsent of all the parties and it says either the defendant or claimant must write to the court requesting an extension of the stay period explaining the steps being taken towards settlement and identifieing any mediator, expert or other person helping with the process, the letter should confirm agreement of all parties. So i need to write to the court and to the claimamnt to get their agreement and to the claiment to try to negotiate a settlement. Ive done full and finals before for disputed acc's but always had a cca to fall back on, I guess i am just going to have to try and negotiate a fair settlement, by what i believe I should have paid and also make them see that by taking further action won't gain anything due to my Financial situation and have no assets of my own, ie. house not in my name, horses sold years ago, car not in my name and two small children to support, would I be along the right lines there or if a court order was to go against me, could they send a bailiff to my husbands house or take money from my wages that i cannot afford?

Judge ordered a stay until 1st November but have to provide either proof of payment, settlement negotiation, request for further stay or allocation questionaire by 18th Oct. Would like to ask for further stay to try to agree a short settlement, how should i word this to judge please?

Response fro AIC saying they have noted my comments and have been in contact with Northern rock who are looking into the matter...... Will wait to see what response i get if any.....

If you wish to respond to their empty threats and they I would send them this:"I refer to your letter of xxxxx, the content of which is noted. No debt to your client is acknowledged.On xxxx I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered".

Thank you!

Sorry Andy, me panicking didn't see your above post, do I not mention about settlement or the negligence isuue then or does that come later?

BUMP - Can anyone give any guidance on what directions to put? Nneed to send it off today.

Simply says ""The defendant is embarrassed by the claim as it does not comply with part 16 practice direction in that it does not contain a concise statement of facts. The claimant is put to strict proof thereof and the defendant reserves it's position in relation to a properly pleaded claim, request that claim be struck out".So guessing I've shot myself in the foot cos all they have to do is produce all the paperwork?