1st Credit

[BRIGADIER2JCS]

Spoke to them it is for an address I left 9 years ago

 

SB then send the letter Jam, stop 1st Credit now!!

[jam1974]

Posted both SB and your letter

[BRIGADIER2JCS]

Posted both SB and your letter

 

Well done Jam,if you need anything further just come back here.

[jam1974]

Hi Brigadier had a letter from 1st credit acknowledging the debt is statute barred but legally still owing.

 

What does that mean ?

[jam1974]

So what happens now?

 

Will they sell the debt on?

 

Will I still be chased for this crap?

[ims21]

Hi Brigadier had a letter from 1st credit acknowledging the debt is statute barred but legally still owing.

 

What does that mean ?

 

Keep that letter safe.

 

It means that they have confirmed that they cannot take legal action for the recovery of this debt. In England and Wales the debt does still exist but it looks like you have told them that you will not be making any payment against it. That being the case they should now stop chasing you for it. The OFT guidelines confirm this. Have a look here.....Pages 45 and 46 are what you are after.

 

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

If it were me I would just write back and thank them for the acknowledgement that it is SB and that you confirm that you will not be making any payment. Tell them that if they continue to chase you for this debt then formal complaints will be made to the OFT. Tell them that as far as you are concerned the matter is closed.

 

So what happens now?

 

Will they sell the debt on?

 

Will I still be chased for this crap?

 

Nothing happens now, they cannot do anything to you.

 

They may sell the debt on but again that would then lead to a formal complaint regarding the sale of know SB debts.

 

Do the letter as above and they should stop hounding you or else you do the formal complaint to the OFT.

[BRIGADIER2JCS]

Hi jam,

Statute Barred in England and Wales means that the debt cannot be enforced via the court system, but the debt still exists and the 'owner' can pursue all means of collection short of enforcement in court. (in Scotland the debt is totally extinguished).

 

However in E & W the OFT Guidance on Debt Collection states 'that once the debtor has informed the creditor in writing that a debt is statute barred it is unfair to press for payment of the debt, to do so may amount to harassment.

 

You can ignore the letter or send the following letter.

 

1st Credit

 

 

ref: use theirs.

 

Address to the person signing the SB acknowledgment.

 

I write in response to Cabots letter dated xx.xx.xxxx acknowledging the Statute Barred Status of this alleged debt.

 

I am aware of the OFT Guidance on Debt Collection and the section regarding the pursuit of Statute Barred Debts, should Cabot contact me by any means regarding this matter I will consider it actions as amounting to harassment.

 

I would also point out the OFT's view on companies 'selling' statute barred debts without informing the purchaser of the status of the debt, so should this matter reappear in the hands of a 3rd party seeking to collect on this, the purchaser will be referred directly to 1st Credit.

 

Snail Mail over the hols.