Statute barred

Ruddockus

Hi There,

I did not pay anything nor acknowledge an account to Northern Rock for 7 years. They employed a DCA called dlc who told me they could potentially file for Bankruptcy. I made an arrangement to pay £75 per month to the DCA. Now I have learnt this debt was possibly Statute Barred and the DCA was not acting in accordance with the OFT debt collection guidelines basically by lying to me saying that they would possibly push for bankruptcy. Northern Rock still own this debt.

Does anyone know where I stand? I feel I have been led up the garden path by the DCA and conned into making payments.

Regards

Feelingfoolish_3

Hi
First of all just to double check, when did you acknowledge the debt, i.e. agree to pay the £75?
2 reasons, a debt is statute barred if there is no acknowledgment or ccj applied within 6 years of the last payment/acknowledgment.

Therefore if you agreed to repay this £75 after the 6 year mark and there has been no CCJ then DLC (Direct Legal Collections) DO NOT have a leg to stand on.
You can tell them to get lost :-) and if they take you to court you can defend on the grounds of the limitations act. No worries. I have a letter you can use but its at work however if you need it Im sure someone else may have something or I can post it tomorrow.

(Providing that this is an unsecured debt)

Ruddockus

Hi Feelingfoolish,

Thanks soooooo much for your help.

Last payment was made in Dec 2002 and I made payment in April of this year (09) so 6 years and 4 months.

This debt was taken out unsecured on one of those Northern Rock mportgages where most is secured and some is not.

The only reason I paid dlc was because the women told me in February 09 that they would push for bankruptcy if I did not make a payment. I never signed anything just gave my bank details over the phone, I never signed a Direct Debit mandate or have had any written communication with them or Northern Rock.

I was going to send the CCA letter, and get it in writting showing my payment history?

What would you recommend? What I really want to do is phone dlc up and quote thi all to them and see what they have to say!

Surely they know thi is Staute Barred and are jut trying it on?!

Thanks again you are a star.

P.S. Will I be able to recover the 5 payments of £75 I have made to dlc as they have lied about their capabilities under OFT guidelines?

Feelingfoolish_3

Last payment was made in Dec 2002 and I made payment in April of this year (09) so 6 years and 4 months. Def statute barred then

This debt was taken out unsecured on one of those Northern Rock mportgages where most is secured and some is not. As long as you are sure its the unsecured part then thats good

The only reason I paid dlc was because the women told me in February 09 that they would push for bankruptcy if I did not make a payment. Grrrrr I never signed anything just gave my bank details over the phone, I never signed a Direct Debit mandate or have had any written communication with them or Northern Rock.

I was going to send the CCA letter, and get it in writting showing my payment history? Not a lot of point really as its statute barred but you can do

What would you recommend? What I really want to do is phone dlc up and quote thi all to them and see what they have to say! By all means, ring them and quote The Limitations Act 1980 and say you have taken advice and that this debt is statute barred (and if you are brave - do your worst!)

Surely they know thi is Staute Barred and are jut trying it on?! Most definately and companies like this rely on using scare tactics to the unsuspecting public. Also tell them that you will report the to The Office of Fair Trading. (1st Credit have recently been warned about this)

Thanks again you are a star. yw

P.S. Will I be able to recover the 5 payments of £75 I have made to dlc as they have lied about their capabilities under OFT guidelines? Probably not but you could try issuing a small claim, dont fancy your chances though

I will PM you a letter you can use tomorrow

Ruddockus

Thank you very very much,

You will probably of saved me £11K over the next 300 years!

Look forward to receiving your letter.