Statute barred debts and the Limitation Acts

Bernard_Nurse

taffy056 wrote: »

If you have not acknowledged this debt in writing or paid them, then it will be statute barred in mid 2012 providing there is no judgement on them. As for the defaults they should be from about 6 months from the last payment, if there is a series of 6 markers on the file that is not an accurate reflection of the account, and can be complained about to the CRAs and organisations placing them, or to ICO if no success there. Would suggest waiting until it is statute barred, when was the exact date of last payment?

Sorry for the delay in replying.

Right, I've managed to get hold of what's stored on the Equifax system about these two debts.

To cut a long story short, I know for fact that I took on the second of the contracts in 2006, got the first bill for the phone and it had something like £65s worth of charges for WAP usage, something I got for free on my previous PAYG phone.

When I took the contract phone on, I was told that I'd get the same deal on WAP as the PAYG one, so I went ballistic, marched down to the shop I got the poxy thing from, had a 'discussion' about it, firstly with them and then their HQ when they put me on the phone to them, and told them to stick the phone and that they'd not be getting a penny more out of me.

So in terms of making payments, I defaulted within a month.

The payment history on both accounts shows as paid up fine for the first year, i.e: the minimum contract period.

It then immediately shows a 1, 2, 3 and 4 and then the default.

Helpfully, my bank no longer allow you to view statements over four years old online, and I'm not very organised I'm afraid, so the paper statements from the period I supposedly paid for the phones are long gone.

The crux of this, is that the amount they say I owe is several hundred more than the four months that the history shows as late payment up to the default date... enough in fact to cover the whole contract, possibly more, so surely this in itself proves I defaulted long before the bull they've logged as the payment history shows?

If I can get this sorted fairly sharpish, my record will be completely free of all bad debts within three or four months, so given I'm hoping to be in a position to buy my house in a year or so, I'm quite keen to make sure this is sorted asap.

robert_scotland

I had a old type student loan morgage type pre 98 that the student loan refused to accept my dererment on.

They said I had to make full payment of 7000ish when was unemployed.

How do I know if they took a legal action against me?

I always assumed being government so normal rules dont apply. As when I was discrimintary sacked civil service in breach of dda as was at the time with no reason given no compensation even to cover costs, they would not honar contact like a normal large company would as a matter of course. My msp would not help as said his staff in effect as msps work in office. (scottish corrupt government not sure english equivelent cabinet office is as bad or not).



The government having effectivly unlimited funds to harras normal people would have assumed be on to a loser regardless or rights or wrongs of student loans as people would be under the new student loan scheme.

My loan agreement says i would need to earn 26k a year which unlikly to earn never have. But student loan declined to honar this agreement and wanted full payment when unemployed.


However i see that old type student loan is consumer type debt. So normal private rules apply.

So what I need to find out is if I have had a court action against me could this happen in absence? or would i need to be there for this to occur?

JusticeJack

I've been getting letters for supposed debts I owed for about seven years. I was in contact with them for the first three months in 2005, telling them that I didn't acknowledge the debts and I wasn't paying.

They have continued to send me letters but I have not acknowledge them since January 2006.

But today, some guy from Provident turned up at my door saying I owed them money. I told him I knew nothing about it, and shut the door on him.

Would this act from 1980 assist me in getting this man off my back? Thanks.

oblongste

Hi does this all still apply if i have started paying a monthly amount to one of these firms of 'solicitors' or collectors after more than seven years of hearing nothing?

oblongste

I have begun paying a monthly amount to a firm of 'solicitors/collections' for a debt for which i have heard nothing for over 7 years. In doing this have I 'acknowledged it' and stopped it being statute barred? Do I continue to pay or stop it? Am trying to rebuild credit so dont want to jeopardise that?
Help!

fatbelly

oblongste wrote: »

I have begun paying a monthly amount to a firm of 'solicitors/collections' for a debt for which i have heard nothing for over 7 years. In doing this have I 'acknowledged it' and stopped it being statute barred? Do I continue to pay or stop it? Am trying to rebuild credit so dont want to jeopardise that?
Help!

See letter #6

gooseman1986

just wanted to clarify something, i have Westminster Solicitors chasing me now for a debt with orange. i keep on answering their calls, and every time i refuse to go through security, tell them they are harassing me, and to stop calling me or i will seek formal action.

i wanted to check, would sending this to them count as an acknoledgement; (i cannot post links so please add the doman to the forums in front of this) showpost.html?p=11571485&postcount=4

i dispute the ammount of the debt with orange, though i know i do owe them some. but they have now passed it onto the collection agencys. im wondering if this is the best way to stop them, and also if as i had the contract terminated in october last year, that would be the date that the 6 years would begin from? i have made no payments to them

fatbelly

gooseman1986 wrote: »

just wanted to clarify something, i have Westminster Solicitors chasing me now for a debt with orange. i keep on answering their calls, and every time i refuse to go through security, tell them they are harassing me, and to stop calling me or i will seek formal action.

i wanted to check, would sending this to them count as an acknoledgement; (i cannot post links so please add the doman to the forums in front of this) showpost.html?p=11571485&postcount=4

In my opinion it wouldn't constitute acknowledgement of a debt though ultimately only a court can decide. It just asks them not to phone you but to communicate in writing only. However, I would remove the paragraph that refers to a 'debtor' and if you want to strengthen your position add a disclaimer:

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

gooseman1986 wrote: »

i dispute the ammount of the debt with orange, though i know i do owe them some. but they have now passed it onto the collection agencys. im wondering if this is the best way to stop them, and also if as i had the contract terminated in october last year, that would be the date that the 6 years would begin from? i have made no payments to them

Well, that letter is the way to go if you want the calls to stop. Unless you can just change your number or block them in some way.

The limitation period would start at the date that the contract could have been terminated. So the question is 'when did you stop making payments?

The other tactic that you could try is a full & final settlement offer headed 'without prejudice' and including that disclaimer.

gooseman1986

from reading the start, i need to physiclly sign the document, so long as i dont do that, then i dont think it will count.

and they barred me, but then left the phone contract running for 2 months after baring me, allowing calls and texts in, is what they claim. even though as soon as it was barred i changed to a new sim card, so i dont know if this is the case, and are adding another £90 on for that. from what i understand this DCA are bullies, and would be after every penny, wouldnt agree to a differant figure, especially £90 less!

fatbelly

gooseman1986 wrote: »

from reading the start, i need to physiclly sign the document, so long as i dont do that, then i dont think it will count.

As an acknowledgement?

I recommend you follow my advice in my previous post.