threat of ccj by wescott

[mojo786]

hi all

have received letter from wescott threatening ccj proceedings for over a £1K. on the 5th october

have checked cra file and this amount not on but i have 1 debt dropping of 2nd october for a lesser amount . i am assuming it must be this.

what would be best way forward?

 

also had letter from drysdenfairfax solicitors asking for urgent contact, again i can only assume for sb debts

 

 

thanks in advance

Edited September 27, 2012 by cerberusalert
figures altered

[sillygirl1]

I would ignore the lot of them for now, and let the debt drop off your file.

 

If they write again then you have a solid defence that it is statute barred

 

Drysden/Farifax are solicitors for rent and specialise in debt collecting.

[Bandit127]

Mojo - please edit your post and round the numbers down. A quick Google search by an unwanted observer might uniquely identify you by the amount owing - a 100,000 to one chance they got the wrong person by my reckoning. Make it a round number and it will be much less.

 

Thanks.

Edited September 28, 2012 by Bandit127

[Jam_Buttie]

I always adjust the figures I quote by a few hundred for this reason.

[Ganymede]

hi all

have received letter from wescott threatening ccj proceedings for over a £1K. on the 5th october

have checked cra file and this amount not on but i have 1 debt dropping of 2nd october for a lesser amount . i am assuming it must be this.

what would be best way forward?

 

also had letter from drysdenfairfax solicitors asking for urgent contact, again i can only assume for sb debts

 

 

thanks in advance

 

 

 

What was your last payment on either account?

[mojo786]

hi all

 

never aknowledged or made payment to debt for over 6 yrs

[renegadeimp]

Send them the statute barred letter. See what happens.

 

Wescott recentley bought a huge amount of unenforceable debts. However, since many are SB, the law says the debtor must tell the creditor that the debts are not enforceable.

[Bazooka Boo]

the law says the debtor must tell the creditor that the debts are not enforceable.

 

Can you link towards this law please renegade? I've never heard of it?

[renegadeimp]

It's the statute barred thing. A debtor can continue to chase a debtor, but it is up to the debtor to tell the creditor/DCA that the debt is statute barred. Upon confirmation, the creditor/DCA should ( not must) stop collection activities and mark the file as closed. However, since it is termed "should", many, if not all DCA's, simply sell it on and dont tell the next owner of the status of the debt.

[Bazooka Boo]

Yes gotcha, just thought I had missed something in the last few weeks..

[BRIGADIER2JCS]

No Law involved here OFT Guidance on Debt Collection 2003 updated October 2011

 

IT is unfair to continue to press for payment once the debtor has informed the the creditor IN WRITTING that a debt is statute barred AND that they will not be paying, to do so COULD be amount to harassment.

 

There is also technical guidance from the ICO regarding the sale of statute barred debt without informing the purchaser of the status of the debt.

[renegadeimp]

Key word there being guidance. Which really needs to be changed to regulation to help protect consumers.

[BRIGADIER2JCS]

I disagree the Guidance serves extremly well and is accepted as custom and practice I have yet to see a challenge or any breach here regarding an unequivically statute barred debt.

This is the reasonableness of English Civil Law.

 

An essential point to remember is I think a qoute from my tutor '' Rules are for the obediance of fools and the guidance of wise men!!'' which is why I will refer to guidance/legislation/rules there is little point in chapter and verse which is a waste of time and effort.