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  1. Just a quick query if any one can help; If a debt is close to becoming statue barred is it worth making a full and final offer, i think im right in thinking that on your credit file it would drop off after 6 years but if a full and final payment is made it would it stay on the credit file for a further 6 years from that date but it would just be marked settle or satisfied. hope that makes sense cheers Wato
  2. Hi there, I have a debt collector agency chasing me for a debt dating back on 2000, they sent me a first letter and asked if I was confirming living at my current address which I confirmed. Then a second letter in which they asked if I lived at a some other address which I reply confirming. Finally the last letter asking to pay online for a debt which dates back to 2000. I have never acknowledge this debt to this agency so I want to send them a statute barred debt letter, my only concern is that I have signed my first letter, can the debt collect company falsify documents and use my signature?
  3. I have recently been contacted by Global Debt Recovery claiming I have to pay them £400 from a debt owed I think to Lloyds of over £4K from over 12 years old. Should I ignore their correspondences as I am doing now or reply to them? If I reply and inform them of harassment can I then pursue a civil case against them if they ignore my warnings? Regards
  4. Hi, I am seeking some help and advice, i am new to the forum so apologise if i am posting in the wrong place. I had a loan with Citifinanciial in which started 2/9/03, i defaulted on 30/06/07, i never heard anything since then from the company. In May 2012 i got a letter from Arrow Global say my loan had been assigned to them and all future payments should be made to Wescot Credit services, i ignored the letter as the debt was over 6 years old and i had not made a payment or had any correspondence from Citifinancial. 2 weeks ago i got a letter from Rockwell pursuing me on behalf of Citifinancial, i wrote to them saying i did not acknowledge the debt and that in any event it was Statute Barred. I then received a letter back saying that i had made a payment of 29.42 in March 2010 (not true) and asking me to fill in a statement about my finances within 30 days. I have not replied as yet but checked my credit file and it shows that for the last 49-60 months account status is 8, the period between 61-72 months 8888444444. There is also a comment under Change To Payment Terms, date 05/12 monthly payment £200. I have had no correspondence from anybody agreeing to make payments of £200 or anything else. This is now effecting my credit rating and i do not know how to proceed. Is it legal to make that entry without me agreeing or having any correspondence from anybody. How can i get this debt removed. Please can somebody help me.
  5. Hello Everyone Please can somenone advise, perhaps from a legal point of view, on this weird letter I had today from Aktiv Kapital. They are chasing a debt from 1997-1998. No CCJ obtained, No contact made, No payment made so Staute Barred. They have used various DCA's over the years to try collect on it despite being SB. I just send the SB letter and then wait another year until they try their luck again. Now in Jan 2012 I went bankrupt. All straight forward. In fact the court said I didn't need to include any Time Barred debts on the petition. received a letter this morning from Aktiv Capital saying- " We have reason to believe that you are subject to Insolvency Proceedings, however we are struggling to read the public Insolvency Register despite our best efforts. Please ring us to discuss or send to us in the post details of your current affairs....etc...blah...blah. It took me 20 seconds to log on to the insolvency website and view my BR details which is public info. Is this a wind up? First question- should I send yet another SB letter or a copy of my BR order or can I bin this letter and forget??? Second question - Can I ring them and tell them to go away or will this reset the clock on the debt and then I'll be liable even though I am bankrupt? Thanks Honeypot
  6. Good afternoon everyone Today I have had a letter from EquiDebt LTD stating they have sold my account to Portfolio the amount is £7063.52 and this debt was sold on the 08/10/2012. I have checked an Mcc credit report and this is what the info on the credit report says Company name: EQUIDEPT LIMITED Account type: Current Account Started: 25/09/2001 Default Balance : £7,063 Current Balance : £7,063 Defaulted On : 02/07/2007 Status History 8 I think the 8 which is in red donates the missed amouts of months payments, so would I be correct in thinking that come next month this will be status barred??
  7. Hi Guys, 1st post... been reading loads over the last few weeks... here goes... In October 2003 Myself and a business partner (Lets call him Mr X) took out a joint loan of £10k to help purchase a business. We were desperate for the £10k as it was a shortfall in the amount we needed to get things up and running.. . anyway HSBC wouldn't give us a loan in the company name, but only a "small business loan" which we would be personally liable.. we were desperate and took the loan out. In June 2004, I left the business (resigned as Director) and Mr X carried on with the business and the loan.. . the business was sold in early 2005 and I've never spoken to Mr X since and don't know where he is anyway. .. I sold my house to pay some other personal debts off and moved in with my partner. .. I don't own anything now.. Now since early Feb 2009, Robinson Way are chasing Mr X at my new address by letter and Telephone, but also writing to me about the debt... in the letters they say "ExHSBC" for amount £15k+ then MR X's name, but not mine. Are they just phishing for Mr X or do you think they want me to pay this debt? I've sent his letter back as "not known at this address". I know I'm probably liable for this debt too, but I haven't paid anything towards it or acknowledged it since about March 2004. I'm really worried now and can't sleep... getting at least 3 automated calls a day from Robbers way & ****....
  8. HFO keep sending me Litigation letters, Notice of litigation, Schedule of litigation etc. They also send paperwork on attachment of earnings and charging orders, 3rd party debt orders. After a good read these seem to apply to someone that has had a judgement and failed to pay it? One also listed charges and fees for applying to take someone to court. I read it and thought these are fee THEY would have to pay and hope to get the money back if taken to court. I am on IB and this is topped up with income support. What is the worst that can happen if they did take me to court? I have debts with other companies also so i presume any payment must also be shared between those? Hard to see how they can take money i do not have. Freeze my bank account? I only put my bill money in that account to pay the direct debits for the utility bills. Amount on each letter seems to be going up as well. £12 extra each time. More scare tactics. Advice please. Thanks.
  9. I have a 6 year old alleged debt which HFO Services/Capital didn't provide any documents even several letters asking for it. Now Roxburghe (who took over) confirmed on the telephone that the account is closed and they won't try to collect any money. - I asked them (PHONE) to remove the default and send a letter saying that the account is closed (not complied, 7 days has passed). - I sent a letter informing statute barred, I'm not paying (Sep 12th) and also asking for the notice of default (Sep21st) not complied, 28 days has passed. - I asked Experian and Equifax (EMAIL) that I dispute this default, not having any CCA with HFOS and that this alleged debt is statute barred. I made clear in all communication that the last payment was over 6 years ago and that's the date they should count. Is any procedure/action I can do to speed up the process of removing the default? I'm enclosing the letters I have sent.... Any help would be much appreciated!
  10. Hi all, I have a bit of a dilemma and I am hopeful that one of you may be able to give me some advice. To give you a very brief background, I have (and had) a lot of personal debt that pretty much all ages back to 2006 when a significant personal event changed my circumstances dramatically and led to a previously perfect credit slate being annihilated to the tune of around £40k, plus a house repossession and this situation with car finance. Since then, I have worked on and off and never got a grip of my finances to the extent that much of the debt has simply dropped off my credit file having passed 6 years, with me burying my head in the sand on the basis that nothing I could do would change anything in reality. There has been no contact with anyone put bluntly, hence many things have now gone from my credit file and become statute barred. One significant remaining debt however, is that of a car Hire Purchase agreement I took out with Blackhorse finance. The last payment was made in early 2006, however unlike all of my other debts, for some reason Blackhorse (according to my credit file) don't appear to have defaulted me for a period of 2 1/2 years subsequent to this last payment, with my file instead showing a long list of monthly "Q" query entries. After my problems the vehicle was never used for a long period, with it being left at the home of a close family member as I left my life behind lock, stock and barrel and moved away. I spoke with Blackhorse on the telephone around this time (2006) and agreed to hand the vehicle back, however they never made good on this arrangement, with no further contact with me or the family member, who's details I had naturally passed on in order to arrange the hand over. After a period of years my family contacted Blackhorse directly, explaining that they just wanted 'rid' of this vehicle from their premises, and asked why this hadn't happened, and that they would like to arrange for it to happen ASAP...or if this wasn't possible, would Blackhorse give them permission to sell the vehicle. The Blackhorse representative was unwilling to speak in specific terms as the person calling as not the account holder, however implied strongly that the value of the vehicle would now be such that a repossession wouldn't be of benefit to them, and that if the vehicle was sold to someone else they "wouldn't come looking for it". The vehicle has subsequently been sold by a member of my family for a nominal amount, to a known person on a full and frank basis with the offer of a full refund (we are talking less that £1000 here) should any issue arise. Now...my issue is solely around the finance aspect. My questions are; 1. Is this debt subject to the usual 'statute barred' rules of any other debt, or is possession of the vehicle in someway replacement of "written confirmation or acknowledgement of the debt" etc, i.e, does the date of last payment and last direct contact stand, or does continued possession of the vehicle extend this 2. If the debt is subject to the same 'rules' as any other in terms of statute barring, then can anyone explain why they have allocated this "query" position for 2 years (minimum) after my last payment or acknowledgement, and is this something they are allowed to do...essentially extending the period that the debt hangs around my neck? Any advice or direction to other sources would be most appreciated.
  11. I have a loan which was originally through Cahoot, taken out in about 2003. This fell into arrears approximately 9 years ago and for one reason or another, I didn't repay this after getting into a complete financial mess. I am now being chased by Robinson Way for the total amount of £7k. However, I've checked my credit files and there is absolutely nothing showing on here. The last letter I had from Robinson Way was in May 2012. I have never written to Robinson Way regarding this debt and I am certain I didn't make any payments to the original company during the last six years. Does this mean the debt might now be statute barred and how would I find this out? If it is Statute barred, how does this affect my credit rating which I am trying to rebuild?
  12. Hi, Ive had a look through similar threads and I'm looking for some clarification. I took out student loans in 97-99. I left my initial course part way through the first year and re-started in 98. When I re-started I did not have to pay £1k fees, still got a grant (remember them!) I was still on the previous style system of a straight loan, no fees, non means tested. Ive never earnt enough to pay them back. Also, I have been very slack in sending off deferment letters. About 2 years ago Link got my current address and I committed to pay £25 a month on the 1997 agreement, which I'm still paying, now £30 a month on a 6 month review. SLC got my current address about 1 year ago and send me statements for 98 & 99. I spoke to them once initially but have never sent them any written communicae in about 10 years. Form memory I mat have paid some token gestures when they contacted me in about 2001. Where do I stand with 'Statute Barred' on all 3? (SLC and Link) How do I go about getting a statute barred if its applicable? Anyone with positive experience, draught letters, methods of contact etc are much appreciated. Finally, do these affect credit ratings, stay on file etc Many Thanks in advance
  13. We received a letter this morning from Hamptons legal saying they are assessing an account for legal action. This is an old T mobile debt of my partners. He is unsure exactly how old it is but thinks it's over 6 years which would make it statute barred. This debt doesn't show up on his credit report. Is there anyway of finding out when he made his last payment?
  14. hello i recently applied to go on the housing register and i recieved a letter saying i owed £202.08 from a house i had 18 year ago at that time i had been in prison and i was told i had to leave my property in 4 weeks but when i was in prison i filled out the proper forms so the council get there housing benefit and rent for 6 months so i did'nt lose my house while i was away but they still say i owe this and theres nothing i can do about this but i dont feel that i owe this money as i done everything i was supposed to to make sure my rent was paid while i was in prison and ive been told that money cannot be claimed after 6 years i was wondering if this applys to councils
  15. I recieved a letter from CapQuest this morning which is making me an "offer" to pay in full for settlement of the account. This account was defaulted on the 2nd August 2006 and was removed from my credit report just a couple of weeks ago. I do believe this makes the debt statute barred. The concern I have is that this DCA contacted me some months back demanding payment, so I sent them a letter requesting a copy of the signed and executed agreement. While they took their time, they did eventually send me a copy of the signed agreement. I never responded to them after I recieved this letter. Although I have not acknowledged the debt, nor made any payments, the fact that they have signed evidence of my opening this account does make things confusing. Where do I stand with this now? Can I still send them a statute barred letter? Any help will be appreciated. Thanks.
  16. Hi. It may be a silly question but best to ask.....When calculating the Statute Barred date, does a credit from a repossession and subsequent sale of goods on an account constitute payment/acknowledgement and therefore the SB date would run from that credit? Thank you in advance.
  17. I have a week or so to file a witness statement in relation to a forthcoming hearing. Here are the details: - Claim made by debt management firm for three old credit card debts. - Defence filed of statute barred. - Debt management firm have produced a reconstituted statement showing a £10 payment on one of the cards five years prior to the claim being launched. No evidence produced by the Claimant in relation to payments on other two debts on the claim. - I am certain that a £10 payment on the debt was not made as the Claimant is suggesting. I am acting on behalf of my wife, who has just been sectioned after her second suicide attempt this weekend, I want to put a decent defence together and recognize that this first witness statement is important.
  18. Just need a little advice please. Last made reduced payment to a bank loan at beginning of September 2007. Had already paid well over £5000 to the loan and they had my balance after 2 years at over £15,000. Complained to FOS about this organisation and queried the balance on this loan. Didn't agree that was what I owed. FOS ruled against me for this and other things. I have not heard from this organisation since 2009 and have not communicated with them since the last payment. I have not acknowledged the debt since then because it was in dispute. It was all done through FOS. I did a SAR and noticed it said debt was written off. There was a PPI credit into the account in 2003 that I was going to chase but don't want to chase or claim it if it means they will take me to court. The PPI does not relate to this account. If I do claim PPI can they offset any amount against the money I allegedly owe them? Would this be considered as being statute barred. I don't want to appear greedy but this organisation had a big part in ruining my credit rating initially because they refused to unregister defaults for bank charges. It left me having to go to a sub-prime lender for a mortgage so I have been paying through the nose for it even although they refunded all the charges they did not remove the defaults they placed relating to them, saying it was a goodwill gesture they were paying back...not admitting guilt and that I did owe that money. Should I just walk away or should I claim back my PPI. It was a sizeable amount that was refunded...around £3500 in 2003 so it must have been quite a large premium. What do you think?
  19. Hi All, new to this so please excuse any mistakes or if im not in the right place! Here is my problem, I defaulted on an old loan which im sure it was over 6 years ago when last payment was made, I believe this makes the debt statue barred? Ive received a letter from a company called Clarity Credit Managment saying they are acting on behalf of Arrow Global who's clinet is HSBC (the original loan was thru HSBC) at the time when I defaulted things where really bad in my life, homeless blah blah, no excuse I know, but still. I dont know how they have found me in my current address but I'm really worried as they are threatening to send baliffs to recover the debt, its a little over £7k (the orginal loan wasnt for this much im sure but im assuming this is costs ect?) I have two babies at home so Im terrified to be honest Ive checked my credit report & no mentioned of it on there, please help, do I just send the satute barred letter or is it best to go down the route of denying knowledge & asking for proof?? Hope someone can help & sorry if post too long or in wrong place!! Thanks in advance.
  20. I had a credit card with Capital One, got into difficulties, debt passed to Lowells, I then got a Debt Management to look after this debt. Debt management went bust. Now I have Robinson Way after me on behalf on Lowells and Capital One. Looked at what little paper work I had and it looked like it might have been six years since last payment, so I wrote to Robinson Way saying statue barred. this is the contents of their letter. (We do not accept the statue barred on this account. and if you were to demonstrate that this debt is time barred the debt still legally exists and will be reported as such .we would consider a substantial reduction to settle this accounti
  21. Hi, Just a quick question. Is debt considered statue-barred after 5 years regardless of whether it has been paid off or not? Does this mean after 5 years (Scotland) it's removed from my credit file also? Does council tax come under this as well? Thanks guys, great forum you have here as well!
  22. Can someone advise please when a debt becomes statute barred ? Back in 2006 I had a credit card with MBNA. They did not have an enforceable agreement so I stopped payments until they produced an agreement. They didn't have one, and they have been in default of the CCA ever since. Despite this they sold the debt in 2007 to LINK. I put the debt into dispute and asked Link for an agreement. They also could not produce one (obviously), so they are in default since 2007. I understand MBNA was never really allowed to sell the debt whilst in dispute. So when does this debt become statute barred ? 6 years from 2006 (when MBNA defaulted and I stopped payments) 0r 6 years from 2007 when Link went into default. I have not made payments sice 2006 ever snce MBNA couldn't provide an agreement. I haven't heard anything from Link for about 2 years now. They occasionally send me 'account statements' which I ignore as they have not replied to my CCA request in 2007 and are themselves in default of the CCA. Can anyone answer this ? I need to know as I want to tackle LINK about default removal as soon as the debt is statute barred. Many THanks !
  23. 1st crud are buying 100s of Debts about to or if not already Statute Barred, Notice of Assignments are all dated 31st July 2012 and their Legal threat O gram,s are all dated 22 days after assignment. 1st Crud can be very Litigious so beware!!
  24. Hi all, new poster so if the post would be best moved please someone help me how to do so. I'd appreciate if anyone could help with a friend's situation. He has substantial debt with credit card companies & has no hope of ever clearing this debt. The debt has been around for a number of years now & he has to be honest buried his head in the sand over it. To the best of his knowledge he has never responded to or acknowledged any letters or phonecalls from any DCA's for over 5yrs. The debt has been sold back & forth through several companies over this time. He lives with his elderly parents & has no significant assets or income of his own as such. Despite myself & a number of other friends telling him to declare himself bankrupt, he has always refused to do so because of the perceived stigma that goes along with it. I have used this site before & have passed on templates to get phonecalls & threats of visits stopped. While searching for info i have read about debts becoming 'statute barred' after a period of 5yrs in Scotland. Is this a viable route for him to go down in his particular situation? Some facts about his case which may or may not help.... The debt is owed to several credit card companies approx £80K. He has always lived at the same address. He never replies or acknowledges any letter/phonecall,this has been the case for over 5yrs. He has never been taken to court over any of these debts. Any help/advice would be welcome on what the best course of action is. Thanks in advance
  25. Good morning. I have recently been contacted by Equidebt on behalf of their client Aktiv Capital UK Ltd. I do not have a CCA with Aktiv Capital UK and the debt I think it refers to is more than 7 years old.. I replied to first letter from Equidebt asking for information which they have ignored. Should I now send them the standard statute barred letter or do I send a FOI request so that I know that the current action is legal? Thanks for any advice.
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