Questions from : Have you received threatening demands for debts older than 6 years?

[The GodMother]

Hwyl fawr ichi...Mae wedi blino gyda consumer action group!

 

Prynhawn da..

 

 

Can we please try ENGLISH?

 

Or at least translate to ENGLISH what we have said?

[JonCris]

well, i have been tryog to get hold of the moderators and to no avail until they remove posts..freedom of speech? yeah righto..

 

I hate to have to say this but a charge on property even a 'voluntary' one is a charge for no other reason that it allows them now to exercise their right to demand the sale of said property.

 

A 'voluntary' charge simply means it was not contested ........ also quite a number of members have since using the advice given here managed to defeat such applications ............. & finally I would also remind you that there are some members of various professions who give advice on here ....... in many cases CAG can be considered a 'one stop shop' for a whole variety of ills:wink:

[sequenci]

I hate to have to say this but a charge on property even a 'voluntary' one is a charge for no other reason that it allows them now to exercise their right to demand the sale of said property.

 

A 'voluntary' charge simply means it was not contested ........ also quite a number of members have since using the advice given here managed to defeat such applications ............. & finally I would also remind you that there are some members of various professions who give advice on here ....... in many cases CAG can be considered a 'one stop shop' for a whole variety of ills:wink:

 

Hey Jon, I just want to add that some people actually allow a voluntary charge without the whole process of legal action, e.g. there would be no judgment debt. It may be due to the fact that a creditor has promised not to apply interest or try and get an order to sell the property. Sometimes a bankruptcy judge may allow a voluntary charge rather than allowing a bankruptcy.

 

Hope you're feeling better btw!

[patrickq1]

About 5 years ago before these type of forums existed, I was contacted by a company called Global, they said it was not SB as a CCJ was awarded, (they supplied the the CCJ reference number) so I called the court, and was informed they had to apply to the court to enforce the debt, I informed Global of what the court said, and heard nothing more, until now.

 

 

Thank you

 

I'm going to write to RW because from reading, they send people round, I don't want anyone turning up at my door, I've moved on from 1996, and don't wish to that part of my life to be dragged up again.

if they do turn up make sure you have a set of handcuffs and make a citizens arrest on your doorstep for threatening behaviour and abuse he he that ll sort them out

[patrickq1]

Hwyl fawr ichi...Mae wedi blino gyda consumer action group!

 

Prynhawn da..

no i just want fish chips and peas ........will have to get my daughter to translate that lot...seeing as she is welsh speaking and very fluent....

[dx100uk]

is she,no matter you can get tablets for that now-a-days

 

 

dx

[sequenci]

Google translate FTW

[judethebold]

Hi

just when i thought it was safe!

 

In Summary

In Dec 08, out of the blue, I got a call from Robinson Way saying they were acting for Abbey to collect on a debt. This was a loan my ex got thru me and then defaulted, said he'd pay it but never did. I accepted no liability to Robinson Way on the phone and said you must write to me with details. I then got on here to find that as the last payment, according to Robinson Way, was in May 03, it was likley to be very close to statute barred. I planned to send a Subject Access Request to Abbey as advised but no letter from RW arrived and the phone calls stopped. I got caught up in other things and never did send the SAR. I though once May 09 had passed and all was silent that they had realised it was Statute barred and just dropped it.

 

About 4 days ago, the phone goes and it's RW. I say write to me and this time they did, i got a letter this morning.

 

"Our Client has instructed us to recover from from you the balance outstanding that you owe, as noted above.

 

As we are dealing with your account PAYMENT MUST BE MADE DIRECTLY TO US. If you fail to co-operate with us we will act upon our clients instruction and take further action to recover the sum you owe.

 

If you have any queries please telephone us without delay or write to our office quoting a telephone number at which you may be contacted."

 

So I've a few questions if you'd not mind sharing your knowlegde and experience.

 

Should I now send a SAR to Abbey? If I do should I sign it or print my name and should i send only postal order as payment?

 

Or

 

Should I write to RW suggesting that this is statute barred and if so is there a template for that sort of letter?

 

If i go for the SAR, should i inform RW?

 

Any advice much appreciated.

Thanks

[BelstarBomb]

Hi Jude,

 

Go for the statute barred letter. It is for them to prve that it isn't and as you hadn't acknowledged the debt from what you say, you are pretty sound ground.

 

If you go to the main body of CAG and you will see a section called Template Letters or something similar. Look in there or alternatively google 'statute barred letter' and you will get a lot if samples to use.

 

Good luck,

 

bel

[judethebold]

Thanks Bel. I'm having real difs finding template for statute barred letter can someone smarter link it for me, thanks.

[dx100uk]

forget it

do nothing ignore them.

 

its for them to PROVE its not statute barred, not YOU to prove it is.

 

there is nowt they can do to you.

 

dx

[BelstarBomb]

Hi Jude,

 

Please see the link to the templates here

 

The Consumer Forums - Debt collectors

 

Dx is right however in my case I got more peace of mind when I sent DCA's the statute barred letter and got replies back from them saying that they were no longer pursuing the matter because yes, it is statute barred.

 

Your choice but at least you have the tools/info with which to decide.

 

Good luck,

 

Bel

[judethebold]

I think for peace of mind i'd like to send the letter. Thanks for the link again, however when go to it, it tells me to register to get access. I've tried to log in there but when i do it brings me back to the board menu. do i need separate log in for the consumer forums?

[BelstarBomb]

Hi Jude,

 

Not too sure why it is asking for log in details as I get to it no problem.

 

Anyway, here is the letter.

 

Good luck

 

Bel

 

Letter sent when debt is statute barred (send recorded)

 

1 High Street,

Newtown,

Kent

R21 4RH

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

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.”

 

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

[dx100uk]

this thread is for ref reading only

 

please start your own thread here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/[url=http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening-7.html#post2903470][/url]

 

new thread button is down 1 page on the left.

 

dx

[PDawn]

Sorry, reposted in new thread - forum noob

Edited June 26, 2010 by PDawn

[stuartmck]

Subbing

[lolpet]

Can anyone please help me?

I live in Scotland. Arrived home last night to a notice from Post Office stating citation waiting for signature but expiry date was yesterday, and letter from Capquest threatening court action and advising that summons had been issued - assume that is what was at post office.

. Today a sheriff officer arrived at my door whilst I was out and made my daughter sign for a FORM 3 - form of notice to be served on defender in ordinary action where time to pay direction may be applied for. (Not in an envelope I hasten to add) for a debt I believe is statute barred. I checked credit records and default to BOS was in November 2004. I have until 29/07/2010 to return form to the court. The form also states that efault notice was issued in November 2004.

At no time since 2004 have I acknowledged this debt.

 

I am furious!!! Not only are they trying to pursue a debt I believe is statute barred, but they have issued details of the debt to someone without my agreement. Is there anything I can do????

[dx100uk]

see post 416

 

dx

[brassnecked]

Hwyl fawr ichi...Mae wedi blino gyda consumer action group!

 

Prynhawn da..

 

so you are tired of CAG?

 

Mind you I keep getting phone calls off a company, the caller has an Indian accent, and keeps insisting someone I have never met or know lives at my address. i must record the call, and post it on youtube

[loopylil]

Well im chuffed today, was being pressed for eight yrs by a well know DCA. I found this site and followed the instructions given, sent a Statute barred letter.Today i recieved a letter saying the account had been closed i owed nothing. Thank you Consumer Forums for you help.

[dx100uk]

Well im chuffed today, was being pressed for eight yrs by a well know DCA. I found this site and followed the instructions given, sent a Statute barred letter.Today i recieved a letter saying the account had been closed i owed nothing. Thank you Consumer Forums for you help.

 

wait for the next leechers to try though.

 

and you'll go thru the same game again.

 

next time

ignore SB'ed debt chasers.

 

dx

[getcarter77]

Hello,

 

Capquest are asking me to send a £1 for a copy of an agreement that they state I owe???

 

Why dont they just get it? Why should I pay them and have to pay again recorded delivery of letters?

 

Please advise,

 

Thank you all

[dx100uk]

its a statutory requirement cca request is £1

SAR £10

[getcarter77]

Ok, Thanks dx100uk.

 

Will do.

 

Regards,