How Long can you be chased for??

[Allyxia]

Out of the blue the other day my friend received a letter chasing them for a debt.

 

After a bit of covert research (well we didnt want to draw attention to her) we discovered it was for a debt that was around 8 years old (maybe longer).

 

My questions are this:

 

1:Is there a time limit on when a debt has been collected by before it gets written off?

 

2:can this debt be now registered witha CRA?

 

3:if yes to CRA will the six years run from now? or when the debt orginally went defaulted (over 8 years ago so worthless placing on a CRA file)

 

Any advice would be gratelly apprecaited as my mate is concerned as she thought all debts had been sorted and now has a really good credit rating. she cant afford to pay back over £2k in a debt which was run up when she was with her ex aprox 8 1/2 years ago!!!

[ED1237]

Allyxia,

 

Limit is six years on the provision she has had no contact during that time. If that is the case then get her to send letter M from this link. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html. Hope this helps

[Allyxia]

Ive had re read around on this site for info regarding statue barred etc etc, and funnily enough Ive just got off phone with her to check a few things - whilst she hasnt contacted them, it appears that she did hear from then "sometime last year" but just ignored the letter (I know what I would have done as well in that case), so dont know if that is included.

 

Apparently it was for a car which she purchased in 1998 which after repeadedly breaking down she contact the finace company as she could no longer afford the repayments and the repairs bills and the fiannce company told her she would just have to have to hand the keys back and that would be the end of that.

 

Now the car cost her £3499, she had repaid approx £1500, when she handed the car back and they are now chasing her for £2800 (she may as well have kept the damn thing).

 

So it appears that handing the car back isnt the end of it for her.

 

So is she just better off ignoring these people as they are just chancing their luck or taking some more practive action?

 

This seems a flipping appauling situation!!!!

[mutzi]

The 6 years limit refers to the date of the original default, any further payment or acknowledgement by the debtor in writing, whichever is the most recent. So if she hasn't paid anything and hasn't sent any acknowledgement in 6 years she's fine. The fact that they sent something last year (when it was probably already over 6 years anyway) is irrelevant. The letter mentioned above (http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html#post162366) should get rid of them.

[Movingon]

...and also, as she handed the car back and had paid "a significant sum" under the hire purchase agreement, there is nothing more to pay. Period. This is a DCA who has bought a list from the Hire Purchase Company and is chancing their arm at anything they can get.

 

Letter M is the key!

[sarahpp]

The OFT guidelines state:

 

2.14 In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be unfair as follows:

 

•

it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period

•

if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

•

it is unfair to mislead debtors as to their rights and obligations, e.g. falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and

•

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 section 40 (1) of the Administration of Justice Act 1970.

 

I have highlighted what I think is probably the relevant bit for your friend.

 

Hope this helps

 

Sarah

 

 

[Allyxia]

Thanks guys she will be well chuffed with all of this!

 

Make no mistake she isnt just trying to "get out" of paying this debt - she genuinally thought handing the car back was the be all and end all of the matter.

 

And I know for a fact (as I have helped her out in the past) she has worked really hard to repair and repay all of her past debts to become minimal debted and credit clean, so this is a right bolt out of the blue for her!!!

 

I have advised her to send letter M - but she is reluctant, as - as yet this DCA do not even know that she in fact lives at that address (she has so far her words "ignored them") and is worried that they may come after her even harder depiste the fact they have no case for it.

 

From reading through these threads on here, Im tempted to agree with her because since when do DCA care whether or not they are breaking any laws and be surely be writing to them she is in fact confirming that they have in fact "found" her!!!

 

My mind is bogling on this matter!!!! What do you guys think?

[sarahpp]

The OFT are very keen to hear about DCAs who ignore their guidelines. Speaking personally I would send the letter because it states the legal position very clearly and should close the matter once and for all.

 

Just in case though http://www.oft.gov.uk/NR/rdonlyres/B3999175-A9BC-469D-AD5B-BA284DE36E01/0/complaint.DOC

[Allyxia]

Thanks Sarah - even I was unsure on what to do to be honest I think as she only had two letters from them in six years I would have agreed with her and ignored them for fear of "opening a can of worms".

 

However the general consenous seems to be that the debt is not enforceable anyway even if it was under six years, but like she claims she had the car when she was with her ex and has lived in this addy for 6 years already so she knows full well the debt is over six years old!!!

 

Its funny how these chancers prey on our unawareness of legal rights eh?

 

Never mind needing to be legally trained to field our way through the law you need it just to survive day to day in some respects!!!

[sarahpp]

I know. In this case I think they may have kept writing just on the offchance that your friend doesn't know that they are not supposed to do this and she was intimidated into making an offer to pay.

 

It is just a case of letting them know that she does know that they are pursuing her for something they shouldn't be and if they continue she will be prepared to do something about it.

 

I don't think she will hear any more from them once she has sent the letter

[Allyxia]

Well as she has nothing to lose I will type it out for her to send!!

 

Why do I feel in the pit of my stomach that this isnt the last we are going here from them?

[Movingon]

If it isn't, then Trading Standards are going to be VERY interested in hearing about it, I can tell you. THERE IS NO DEBT because she gave the car back... and this bunch of shiners are REALLY chancing their arm.

[paddym]

Ally a friend of mine whos credit free no mortgage no cards nowt bare with me so a letter arrived at her house addressed to ms e bloggs (not her real name) so anyway she opened the letter and it was from a DCA she wrote to them and it ened up it was for her ex sister-in-law whose name was also ms e bloggs ( not her real name) she phoned them and they explained when they are looking for someone they go through the electeral roll and if 10 names come up with same surname same sex same initial christian name same area they write out and check to see if its the person they are looking she got a letter of apology after threatening them with court action for defamation of character so point being i would be suspicious of actually writing to them as the same may be the case if your friend was to ignore them just a little while or say it wasnt her without actually saying yeah thats me but its time barred just a thought if you get my drift you know what i mean open a can of worms and god knows where they end up !

[Movingon]

Paddy - from long bitter experience I can tell you that ignoring them will NOT make them go away. It will make them MORE INTERESTED.

 

Open that can of worms, then pour salt on it and drop heavy weights on it. It's the only way.

[paddym]

Stone im only saying how it worked with her if its over 6 years when did the six years begin if there are defaults when are they from if they went for a ccj when is it from remember it could have been just last year they went to court for a ccj i would really be suspicious of them i know where your coming from and yes i agree with you if you knew for deffo yes your way suits but without knowing when they actually defaulted the debt or ccjd it just be cautious thats all im saying ! im not saying run away ive just thought if you were to get a search done at the old address for ccjs that would show up when they registered the debt !

[sarahpp]

It is very clear from the first post in this case that they are chasing for a debt which is over 6 years old and has not been acknowledged within the six year timeframe. Stonelaughter is quite right to recommend letter M from the template section as this is the correct approach in these circumstances. If they continue to chase then Trading Standards and the OFT can be informed.

[Allyxia]

Thanks people!!!

 

Im trying to nag her into just becoming a member of CAg it would save all this too-ing and fro-ing but hay im here to help!!!!

 

Anyway, the bit that confusing (and scaring her is)even though she is certain she only heard from them for the first time last year (and of course the last letter she had off them last week), she cant be certain that she hasnt had any other sporadic contact off them. When she moved into this house 6 years ago (thats how she no's the debt is definately over 6 years old) she was in a bit of a pickle so was cleaning up loads of debts, and as these "chancers" only seem to send one or two letters per year, they may may contacted her in the past and she has just ignored them!

 

So I think her query (and mine - so I can be clear) is the debt statue bared even if they have sent her one or two letters per year for the last six years? She hasnt contacted them back - she is pretty certain of that because it was only last week when I did some digging on her behalf she realised what they were chasing.

 

As I keep saying even if they had chased her in the past, there would be no way she would have thought it was for the car as - like a previous poster has explained she handed the car back and thought that was that.

 

This is the part im unclear on?

[Movingon]

Ally - it's OK. For the bar to be removed, SHE has to contact THEM. It's statute barred unless there has been contact WITH HER. She has ignored them, so basically they have had no contact.

 

She can now safely write back to them and say "bog off tools" as it's totally statute barred. And like I said anyway, she doesn't owe anyone any money as the car was given back... that's part of the Law on Hire Purchase - if you give it back then you owe NOTHING MORE.

[Allyxia]

Thanks stone I never knew thsi about the car - and when I was talkign to her about her she clear;y was under the impression that when she handed the car back that would be that (i mean lets face it what would be the flipping point!!!).

 

Now, after all my time on Cag I am aware that there are some shoddy dodgy people out there, but how can these lots just pop up after say 7 years and demand £2+K when they know damn well they cant get any money legally from her - I mean why waste their time!!!!

 

Surely thats extortion or something?

 

The Whole thing Bizarre!!

[sarahpp]

There are DCAs who buy statute barred or close to statute barred debts for peanuts and then hope that whoever they approach does not know their rights. Imagine if your friend had panicked and agreed payments with them - a nice little earner for a minimal payout.

 

The problem is that DCAs use tactics which breach the OFT guidelines but, because the OFT investigate only if they get enough of a similar complaint (and I would imagine TS are much the same) if they don't get enough complaints they don't take any action. That is why now, every time a DCA tries something dodgy with me, I will follow it up by filling in the OFT complaint form. It only takes about 10 mins and you can even submit it on-line if you have a scanner for the additional info.

 

I would be willing to bet that the DCA chasing your friend is already well known on the Debt and Baliffs forum of this site!

[Allyxia]

I tried to search for them but couldnt find them they are called Go debt and they are based in Cardiff so if you find their web page or any other info on them let us know!!!

 

As for the OFT from thanks Sarah - I will take your advice on that because I concur that people get angry, then get their probalm sorted, but never follow it up with a complaint - (Im begining to think its just me being moany as ive got 100's of template complaint letters on my PC).

 

So if youve got the link to hand that would be fab hun!!!

 

Now if you would all take a peek at my Council Tax thread and wave your magic there that would be sweet!!!

[sarahpp]

Here you go, I filled out one yesterday strangely enough

 

http://www.oft.gov.uk/NR/rdonlyres/B3999175-A9BC-469D-AD5B-BA284DE36E01/0/complaint.DOC

 

No- actually I haven't heard of Go Debt but, guess what- I am going to have a little look around now!

[sarahpp]

Welcome to Go Debt

 

Nice and easy. They buy what they describe as delinquent debts and have only been in business since 2002. They also claim to comply with the CSA code of practice which I know, from having read through it before, claims to expect members to adhere to the OFT guidelines so, a copy of your template letter and reference to your complaint to the OFT may be in order to them also (with the caveat that they are a trade body so they are DCAs monitoring DCAs)

[Allyxia]

Cripes Sarah How on earth? I typed in Go debt and didnt come up with zip - I even typed in Go Debt Cardiff and got zip!!!

 

This is what I hate about the internet searches one day you get stuff other days you dont!!!!

 

Oh well they obviously dont abide by the OFT then do they!!! But then again they are hardly going to put that on their website!!!

 

Oh well go to draft her letter!!!

 

Cheers Sarah

[sarahpp]

Allyxia

 

Martin has just started this thread http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/58086-mass-complaint-add-your.html#post485985

 

just thought that you might think a short post is in order about our friends Go Debt.