What happens if....

needuradvice

hi guys,

Thanks for the help from this forum. I've already taken my 1st steps of hopefully erradicating my debt, by sending some statute barred letters to 1st credit. I sent these via Recorded Delivery last week.

1. Royal Mail website shows that the letters have been delivered via their REIGATE delivery office, but there is no Electronic Proof of Delivery, but is the EPOD important?

2. Many people on here say that I may never receive a reply. My main concern is that i'm planning to buy a property in about 3-5mths time, but what if i don't get a reply and only receive a threatening correspondence once i have bought a property? Can they still fight me?

3. Can i chase up my statute barred letters and force them to give me answers more quickly?

Thanks

Butti

Don't panic. If there's been no correspondence for the necessary period of time and peeps on here have told you it is statute barred, it will be statute barred. That means by law they can't chase it and have to write it off. I understand why you are concerned but if you are certain of your facts you are better to just leave it and see.

Oneday77

If it is statute barred then the default on it will have dropped off your credit file as they can only issue one defult for a debt. As long as it qualifies your fine. Just bare in mind Scotland statute bars in 5years but credit files take 6 years to clear E&W are 6 for 6.
The only way it can't be statute barred is if it was a CCJ.

needuradvice

thanks guys, but the problem is that i don't know if there is a ccj as i have moved loads and loads of addresses due to these idiots harrassing me...i also a while back changed my name too. Now i've gone to that trust website and paid £8 per check and then checked as many addresses and names to see if i had any ccjs and found nothing. My credit files are clear too. But i remember getting a CCJ type court papers back in 2003.

FYI, i took out the debts back between 2001 and 2002.

GeorgeUK

I would still go with the advice already given.

Assume it's statute barred. If it is, there's nothing they can do to get the money back other than ask you for it - they can't enforce the debt. If there is a CCJ, if it was issued more than 6 years ago, they would need the court's permission to reactivate it - this means they will need a good reason for not collecting the debt sooner.

If you are concerned about this then you might be able to put a little away into a savings account to deal with it should it come up in the next couple of years - even if it is a CCJ, you can make a reduced full and final settlement offer. (Don't agree to partial or short settlement).

needuradvice

thanks very much george...i think that answers my questions. Now i shall await for their reply.

cya

needuradvice

I've just had a reply!! I've typed the letter below....I'm so worried....what do i do now????

HELP ME PLS!

Ref: xxxxxxxxxx
Client Ref: 4xxxxxxxx
Pursuers: 1st Credit Limited
Original Creditor: Lloyds TSB Bank
Principal Sum: £xxxxx


Dear xxx

Further to your recent correspondence, we require to speak to you urgently. We have no contact telephone number for you, therefore could you please contact this office on 01563 554799 asking for Francis Clark, quoting reference number Mxxxxxxxxx so we can discuss further details.

Yours Sincerely

Francis Clark
Accounts Manager
MacKenzie Hall Ltd
Always Quote Reference xxxxxxxx on all communications.
(Telephone calls may be recorded)

brians_daughter

i personally would not call them but write back and state you require all details via post only, easier said than done if you want answers now. If you do speak to them only ask what they have to say - but ideally do not call. If its not on your file ad the ccj was so long ago i think you will be ok

needuradvice

thanks for that reassuring reply BD. I was wondering if there is some form of template letter that i can write to them to not only state that i have already told them of statute barred, but also threaten them with action from ombudsman if they do not stop pestering me.

RAS

OK, have you chedcked when this account was defaulted? Is it still showing on your credit record?

And do you realise that if you write to them before the 6 years is up, you would be acknowleding the debt unless the wording is absolutely right? Which is why you use the standard statute barred letter as the wording avoids creating liability.

needuradvice

1. The debts were roughly defaulted in 2002/2003, so its definately over 6yrs now.
2. My credit file is clear and i couldn't even find the any ccjs on the Trust website.

3. I sent a standard statute barred letter which i obtained from the National Debtline website. As you can see their response in previous post, it didn't show any prove that i owe any debt...just says to contact them which i will not do.

Now i need to know what written response to give to them, maybe even threatening them that i will complain to the ombudsman and what the exact wording should be.

thanks