Debt over 7 years old and chased out the blue

Loopy_Girl

Hello there

Am usually on other boards but hoping for some help.

Received a letter today from a DCA, completely out the blue, for a debt that is over 7 years old. Not only that, but the debt was included in a Protected Trust Deed which I have been discharged from for over 3 years AND they went ahead anyway in 2002 (after the TPD was in place) and went to the court for a decree.

Now, all the PTR and decree has dropped off my credit file etc etc.

This letter is stating in big bold letters that 'decree granted' and further goes on to state about attachment of earnings yada yada yada....clearly years ago I had many letter from DCA - hence the PTD - and I know the scare tactics but this has spooked me slightly.

Obviously the time has passed anyway that the debt can be chased (Scottish law) and I am certainly not phoning them in case this constitutes acknowledgment of the debt but am unsure what to do?

Any advice would be gratefully received:D

stapeley

Send the template statue barred letter.

Loopy_Girl

stapeley wrote: »

Send the template statue barred letter.

And this would not constitute as me acknowledging the debt?

I have moved house 3 times since the PTD so I can only assume that they have got my address from the electoral roll.

I honestly felt ill when I opened it - I hadn't had a letter like that for many many years and it brought back so many bad memories:(

The strange thing is as well is that I have an account now, not with that particular catalogue company, but with one of the others associated with it!

I know the answer but just looking for reassurance too - they couldn't have got a decree granted just like that could they? Have looked on the website and they are not lawyers, just a bog standard DCA.

Thanks for speedy response

Loopy_Girl

I know I'm not a regualr on this board but am a regular on the site so am hoping I get some more advice

I sent the time barred letter and have got a letter back from them advising that the Decree was granted on 15 October 2002. I was pretty certain this has happened but as it was a while ago I thought I would send the time barred letter.

What's annoying me is that this debt was included in my PTD (which was granted in Marchish 2002) and then the decree was granted. I phoned my trustees and asked about this as I thought the PTD stopped any action like this but was told it didn't - if this correct?

And why the hell have they waited 6 years to chase??!!!!!! I can honestly say I have had no communication till that letter the other week.

It's with Buchanan Clark and Wells and I have no idea what kind of DCA they are. Does anyone have any experience with them? It's not a huge debt but if I need to pay then it will need to be in installments - are they open to this?


I would like as much advice as poss on what to do....thanks very much

EDIT - having looked round the board the other day, should my next port of call be to ask for the CCA as, from what I can gather, a company can't chase if there is no valid CCA - am I reading that right?


Many many thanks x

RAS

BCW - not nice. Think you need to talk to NDL http://www.moneysavingexpert.com/loans/debt-help-plan#help

As it may be the BCW have to take you to court to enforce this.

What sort of debt? Have you requested the CCA if that is apropriate?

coolcait

Hiya Loopy Girl

Can you check the date your PTD became protected? If you signed it in March 2002, I would guess it became protected long before October 2002, but have a look at your PTD paperwork and see.

The Accountant in Bankruptcy's guide for Trust Deeds granted before 1 April 2008 has this to say:

Does a trust deed stop my creditors taking action
against me?

Only if it becomes a protected trust deed. If it is not
protected, only creditors who agree to it are bound by it.
Those who object to it can still take legal action against you.
They can even ask the court to make you bankrupt. The only
way to stop all your creditors taking legal action is to have
the trust deed protected.

and

What is the advantage of a protected trust deed?

It stops

all your creditors (even those who object to the trust
deed) from chasing you for the money you owe them.

and

Your discharge in a protected trust deed is usually binding
on all your creditors. This means they can’t chase you for
the money you owed them when you signed the trust deed.

But there are 2 exceptions. These are:

> debts not covered by the trust deed (like overpayment of
social security); or

> if a creditor who objected to the trust deed can prove in
court that he would have got more of his money back if
you had been made bankrupt. This is a very rare event
indeed.

(If the trust deed fails to become protected, your discharge
does not stop creditors who objected to the trust deed in the

first place still chasing you for the money you owe them.)

Here's the link to the full guide:

http://www.aib.gov.uk/Resource/Doc/4/0000481.pdf

If the creditor went to court for the decree AFTER your trust deed became protected, I can't see why the Sheriff would grant decree UNLESS he/she was not made aware of the fact thatyou were in a PTD. It might be worth your while seeing if you can get some cheap/free legal advice about how 'competent' that decree actually is, given the circumstances.

Alternatively, you could write the DCA the type of scary letter which they normally send to us. Full of 'mays' and 'coulds' and 'possibles'. :rotfl:

Like:

"I DO NOT ACKNOWLEDGE ANY DEBT TO YOU

You state that decree was granted on 15 October 2002. At that point I was party to a Trust Deed which had become protected on ......

It is very possible that you may have breached Scottish law by applying for decree at a point when I was already in a Protected Trust Deed. There could be serious consequences if you failed to disclose this fact to the Sheriff during proceedings. I would strongly suggest that, as a matter of urgency, you verify the competence of said decree given the apparent breach of Scots law and the possibility that material facts were withheld from the Sheriff.

A debtor's discharge from a Protected Trust Deed is binding on all creditors. This means that a creditor cannot pursue the debtor for any debt which was owed at the time the Trust Deed was signed.

You should be aware that you may face serious consequences should you continue to harass me about a debt which:

- I do not acknowledge that I owe to you;
- appears to be founded on a decree which may well be incompetent; and
- would, if your claims were true, have been discharged by the Protected Trust Deed in any case."

Print your name (no signature, remember!) and put cc: OFT, FSA, Financial Ombudsman at the bottom. If you forget to send those copies, who could blame you, given how upset this DCA's behaviour has made you

HTH

fermi

Sounds as if the debt is either covered under the TD or statute barred. In either case there shouldn't have been a recent judgement made on it if that is what has happened.

I agree with RAS. Talk to NDL since there is probably something that you can do to have the judgement/decree set aside or cancelled if it should have never been made.

halight

Hi just to say good luck and all the best with this

Loopy_Girl

Jeez....thanks for all the advice

Arrghhh...am a bit worried now as when I sent the time barred letter I signed it...god I hope that doesn't come back to bite me on the bum!!!!

It's a mail order catalogue debt for just under £500.00.

I haven't asked for the CCA so I think I will do that and at least that will buy me time so I can try and get advice.

I will need to rake all my PTD stuff out as I can't remember what date exactly it was granted although I do know my first payment was made in April 2002 so I wold assume it would have been granted before a payment was due.

What I am now questioning myself about is whether I included the debt in the PTD but then I reason why would I not. Everything else, aside from Council Tax debt, was included and I can't see why I wouldn't so this.

I am !!!!!!!! myself to be honest as I have JUST got my credit file looking normal and I really don't want any further nonsense put on it.

As a note as well, in the original letter they put the amount and put that figure included costs but there was no breakdown.

Thanks all so much x

Loopy_Girl

Coolcait...

Have read the post more throughly and that letter is fantastic!!! Thank you so much for taking the time. The kindness of strangers on here never fails to surprise me sometimes and that was over and above the advice I was looking for.

Sod sending the request for the CCA, I'll send that instead as it is exactly what I should be saying to them as it's all true!!!

I will also get in touch with NDL as advised from others.

If it's okay I'll keep you all posted.

I know I keep saying thanks but I really mean it. I will put my hands up and all my debts from years ago were my fault. I was a stupid teenager/young 20's who had no idea about money and got myself in a right guddle but I admitted it and seeked help and believe me a lesson was learned. I have a mortgage and credit cards now but am defo older and wiser and this has freaked me right out and brought back the sick feeling that I used to have constantly so this support and help isn't making me feel I'm flailing about like I did 8 years ago!!

xx

Loopy_Girl

Update on this.

Sent letter as per Coolacit and also phoned NDL. They advised me to get in touch with my trustees which I have done today.

Really really helpful and they are now going to deal with DCA. I have to send both letters I have received from BCW and they are going to write to them outlining I was in a PTD and also send them copies of the PTD.

I asked re advice about the decree and they have advised that, as it has now dropped off my file, to just let sleeping dogs lie. I got my files the other evening and there is nothing showing on any of them. If however BCW start playing funny gits then the trustee's have said they will help with that.