Argos Debt

fermi

alliballi wrote: »

I cant believe what they asked us to do is so illegal,crooks they are. I just want to clarify they said the debt was from 2001 but they bought it in 2006, so is it statue barred from 2001 or 2006, sorry to be a pain so confusing and just want to be correct in what I am doing, thanks for letter and advice fermi,

The 5 years runs from the last time the person who owes the debt either acknowledged the debt in writing themselves or made a payment.

When they bought the debt is completely irrelevant.

So as said, the best thing for now is to tell them it is "statute barred".

It is then up to them to prove that it is not.

alliballi

Thats great thanks all for your help, and I cant believe although I should that they would lift a signature off your letter how they get away with it I do not know, going to do letter without signature and see what happens, thanks all.

fermi

Have a read of this link:

Office of Fair Trading - Debt collection guidance - Final Guidance on unfair business practices (pdf)

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. .....................

b.......................

.........................

j. requiring an individual to supply information to prove they are not the debtor in question, for example, driving licences, passports, full name, date of birth, signatures

BASFORDLAD

Keep us upated:), also do not let your husband speak to the cretins on the phone

As for all DCA's everything should be in writing

alliballi

I cant beleive that Fermi that is 2 of the things they asked for signature and driving liscense, so hope they call now I want to give them what for, but will be good and send the letter which I have just done and printed, I will keep you informed thanks Basforlad, they can be so rude on phone better in writing, here's hoping, and my husband says thanks to all aswell.

never-in-doubt

Just remember to get your credit report before writing in at all..... this would then acknowledge the debt.

Check the CRA and see the exact last payment date and the default date. It must be, as Fermi confirmed, 5yrs from date of last acknowledgement of the debt or 5yrs since the first missed payment - not 5yrs since last received payment!

Make sure you get your dates right before quoting any Limitations Act (1980) to them or you could inadvertently acknowledge the debt. This action is intended before you send Fermi's letter.

For clarity, have a read here: Dealing with Bailiffs Harassment or here: Unenforceability & Template Letters