Old debt - please help

[new0]

Hello, I am new to forum's but I have read the previous entries and I feel you can help me.

 

Like many people I too found myself in the unfortunate position of losing my job and unable to continue paying off my loans, rent etc approx 12 years ago.

 

I did pay a visit to the CAB at the time who told me they couldn't help me and advised me of the 6 year rule!

 

I have now got my life back on track but I am ashamed to admit I took the advice concerning my larger debt of £14k.

I have moved address several times, not on purpose to avoid anyone - just how life turned out,

and I have heard nothing from my lender nor have I made any contact or payment.

 

I recently had cause to check my credit rating and no CCJ's were present.

 

Over the weekend a friend of a friend passed on a letter sent to my last address by a collection agency seeking payment.

I have read about the statute barred and I probably fall within this category but I do have a dilemma.

 

If I were to respond then I will be acknowledging receipt of their letter and possible further action.

 

I could choose to ignore it as I no longer live at the address to which the letter was sent, however, I am in such a panic now and worried how this could affect my new life.

 

I am still in the unfortunate position of not being able to pay this debt but I now have a home and family.

 

Can someone please advise me of the best course of action to take?

 

Your help is very much appreciated.

[i hate bailiffs]

When did you last make a payment to this debt

 

does it show on your credit file?

 

who is the collection company?offering discount?

[new0]

Hi, thanks for taking the time to help me.

 

At the very latest, the last payment would be 2001. There is no mention of this debt on my last credit search which was about a year ago. The letter was sent by clarity on behalf of arrow global who were not the original lender. They have offered a 25% discount to resolve.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

Statute Barred = 6 years with NO payments or written acknoledgment of a debt (5 years in Scotland).

 

You most certainly need to lay ''the ghost'' of this debt otherwise it'll will haunt you so send the following letter to the compliance manager at the DCA chasing you now.It is up to you to choose which address you use the one the letter was addressed to or your new one, this letter does NOT reset the 6 year clock.

 

Ref: as on their letter.

 

Sir/Madam.

 

I am in receipt of a letter from xxxxxx dated xx xx xxxx in which it is alleged that I owe a debt for £xxx .xx , please not I do not acknowledge any debt to xxxxxxx or any company it may claim to represet.

 

Having now taken the opportunity to check my credit history I have concluded that any suuch alleged debt is statute barred therefore I will not makeany payment or offer of payment in regard to the alleged debt.

 

Should xxxxxx wish to dispute the status of the alleged debt I remind you that the onus of providing unequivocal proof of the status of the alleged debt fall entirely on xxxxxxx.

 

You will now cease to process all data relating to me and remove it from your records.

 

I am fully aware ofthe OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt.

 

 

This is my final response.

 

Send by recorded delivery.

[new0]

Not sure if I sent my reply the correct way, but it is shown on the thread

[i hate bailiffs]

They are trying it on

it is statue barred there is a template letter in the CAG library

[new0]

You have no idea just how big a relief that is to learn. My thanks to you both for your help and advice and I will send the appropriate letter today, even though today was their deadline for a response! Oh just one more question, if a CCJ was issued back nearer the time which has subsequently dropped off my credit file, would that change things? Quite paranoid following the panic now!

[BRIGADIER2JCS]

A DCAs deadlines are arbitrary and meaningless, their letters a full of threats about what they ''may'' ''might'' or ''could'' do!!

[new0]

Thank you for that reassurance. Would an old CCJ change things?

[BRIGADIER2JCS]

CCJs have''life'' of 6 years if the judgement has not been enforced within 6 years the claimant must bapply to the court to restart proceedings, this is only given in exceptional circumstances.

[citizenB]

You can find out if there are any CCJs in your name by searching trust online.

 

http://www.trustonline.org.uk/

[new0]

Thanks once again for your advice, it has brought peace to mind that this can be resolved by sending them the letter. Thanks again.

[dx100uk]

get that CRA file

then you'll know for sure!

 

see below

 

dx