Old debt following me round

Tixy

al-209 wrote: »

But did i f**k up? Thats the big question. If it was already statute barred by then, which im near certain it was, then it seems that it makes no difference whether i made those payments or not. If thats the case then i only f**ked up in that i paid them money when i need not have.

My only question now is how do i find out for certain whether or not the debt was indeed statute barred? Just to be 100% on the matter.

And honestly, where do some of you people get off telling me to pay up or face the consequences? What consequences? It seems to me if there were any consequences to face i would have faced them by now. Christ, anyone would think i owed you the money personally.

al-209 wrote: »

Roger, thanks very much. I assume then it is up to the collection agency to provide me with proof to the contrary if i write stating that the debt is statute barred?

Basically you have a couple of options, 1 would be to do a subject access request (cost £10) to get all the data they hold on you, this should list all payments and you can check for a 6year break.

Or option 2 you send the statute barred letter (you might need to amend slightly to say its statute barred because there was a 6year gap, not because you haven't paid or acknowledged in the last 6years). Then as you say its up to them to prove differently. And if they can they will. If they try but you are still not sure or convinced by what they are replying you might want to come back to ask for further advice (btw there are quite a few regulars on the DFW board who have quite a bit of knowledge in this area - you may want to ask on there next time)

Whatever people think morally about the issue and the rights and wrong, the limitation of debts act was brought into law for a reason and the OP is perfectly entitled to use it if it applies in this case.

al-209

Thanks tixy, how do i go about obtaining a subject access request? and what DFW stand for?

redpete

al-209 wrote: »

and what DFW stand for?

Divinely Fluffy Web-pages

or

Debt-Free Wannabe

Tixy

Al

Subject access request is a request under the data protection act that they supply you with all the information they hold on you - see this post for a template (the post actually relates to something else but the letter to send is the same -I'd use the 'advanced' version)- http://forums.moneysavingexpert.com/showpost.html?p=26867941&postcount=14

DFW - debt free wannabe - a different board on money saving which helps people with debt problems see here - http://forums.moneysavingexpert.com/forumdisplay.html?f=76

al-209

tixy, if i could press the thanks button a thousand times, i would.

sexki11en

al-209 wrote: »

Usury in general is not good for society. You are entitled to your opinion of course, but i am asking for genuine, LEGAL, advice as it relates to my current situation.

Then I would suggest you contact a Solicitor who is the only person who could give you genuine, LEGAL advice.

But you won't do that will you as you know you are in the wrong?

SK x

devils_advocate

al-209 wrote: »

29.9% interest is theft, pal, and if its a legal course of action then its not a scam is it, pal. Just cause your daft enough to keep paying these scumbags their pound of flesh, doesnt make me pond life when i refuse.

The interest rate charged by any company covers their cost of borrowing the funds, a contribution to their admin costs and a risk premium to cover the cost of the possibility of the borrower not repaying the funds.

I do try not to be judgemental on these forums, but it appears theat the only error made by the company is not charging you a higher risk premium.

al-209

sexki11en wrote: »

Then I would suggest you contact a Solicitor who is the only person who could give you genuine, LEGAL advice.

But you won't do that will you as you know you are in the wrong?

SK x

I wont be contacting a solicitor, no. But not because im "in the wrong". I wont be contacting one as i do not need one. The few helpful people on this board have given me the tools i need to approach this situation sensibly and within the confines of the law. If it turns out the debt is not statute barred, then i will pay it back. If it is statute barred, they can sing for it. Simple. There is no right or wrong involved in this, only what is, or is not. You, and the rest of those morally unimpeachable persons who dare to call me names or question my morality can go and take a running jump. Goodbye.

~Brock~

Goodbye :wave: