Sub Prime Credit Thread Part III

seeya23

NID rocks again

ElkyElky

never-in-doubt wrote: »

did she actually pay or not? regardless, if it was after 5yrs and they wrote asking her to pay or whatever then they broke the law so wouldn't matter and she'd get refunded.

Just tell her to act daft and send that letter - they will sort it out, they have to! :T

Nope, she hasn't paid a penny for more than 5 years, for sure. I was just telling her, her debt should be way past its sell-by-date. Shes more worried that if she attempts to communicate with them, that could be considered as her claiming ownership of the debt or something.

never-in-doubt

ElkyElky wrote: »

Nope, she hasn't paid a penny for more than 5 years, for sure. I was just telling her, her debt should be way past its sell-by-date. Shes more worried that if she attempts to communicate with them, that could be considered as her claiming ownership of the debt or something.

Nope, not at all. Did you see the letter I just posted for you on previous page? Send that - then they go away forever! No risk of it coming back - the letter explains the laws and why it is not allowed! send that.

ok, your query is now completed - lol.

NEXT? :rotfl:

never-in-doubt

jipp05 wrote: »

your fantastic! karma will come back to u :-)

Hope this is right, on my eqifax file the debt is from aktiv kapital but im getting letter from buchanan clark and wells the sum they are wanting is £780. I could have swore i made a full and final payment on it when it was defaulted but its not saying and it was defaulted on 10/11/2003

Will my ringing them and offering them a payment today going to effect it?

No offence but have you read anything I wrote to you? why not just chuck a wad of notes out your window.... there is no debt - it is unlawful for anyone to demand repayment! This is the law! DO NOT ring anyone, do not give out your number to anyone, only deal in writing and legally you owe nothing - the debt has surpasses Statute Barred.

Default date is 10 November 2003 for £780?

jipp05

Do you mean the ringing them? i rang them this morning before i posted here, i said they wouldn't accept it, god did i !!!!!! it up?

ElkyElky

never-in-doubt wrote: »

Nope, not at all. Did you see the letter I just posted for you on previous page? Send that - then they go away forever! No risk of it coming back - the letter explains the laws and why it is not allowed! send that.

ok, your query is now completed - lol.

NEXT? :rotfl:

Yeah, I've printed your wonderful letter. I think I am going to send it to the DCA on her behalf, and tell her afterwords. I'm sure she'd be extremely relieved to get rid of these people.

Thanks!!

jipp05

cos im stupid? aaaargh i just wanted them to go away :-(

never-in-doubt

jipp05 wrote: »

Do you mean the ringing them? i rang them this morning before i posted here, i said they wouldn't accept it, god did i !!!!!! it up?

Ok, you send the following letter as is, and do not give out your number. If they ring you, you politely refuse to speak and demand they write to you. If they try and speak just hang-up after making your written demand, got it?

Remember, you;re denying all knowledge of the debt - you are NOT admitting anything ok?

Then you send this, recorded delivery......

---

Statute Barred letter to send (Scottish version)

---

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sirs,

Ref: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that:

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

The last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment from me in the relevant period under Part 1 Section 6 of the above Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

"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".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed and all information is subsequently removed from all three credit reference agencies.

I look forward to your reply.

Yours faithfully

Sign digitally

jipp05

ok i will send that tommorow, i wouldn't give them my number when they asked so hopefuly that wont be a problem. I didnt admit to the debt infact i said i wasn't even sure i owed the money. Thank u SO much

never-in-doubt

jipp05 wrote: »

ok i will send that tommorow, i wouldn't give them my number when they asked so hopefuly that wont be a problem. I didnt admit to the debt infact i said i wasn't even sure i owed the money. Thank u SO much

send it tomorrow and make sure you refuse to speak lol - that is definitely the most important thing.

remember, you do not owe a penny and get that mentality on board then you'll have the balls the actually speak to them (in time) and tell them to get lost to their faces as such! Not yet though lol.....

send the letter. Remember you want them to 'not respond' but if they do, so what! they have to prove that you owe it and it is enforceable, they can;t and it isn;t.... lol

end result here will be as follows: you win - they lose :rotfl: