Debt Unenforcable - Never Ending Circle...

TheRealDeal_2

DarkConvict wrote: »

Statute barred is pat of the Limitations Act 1980 (England), different law in Scotland.

Basically in;
England - If you have not made payment on or made written acknowledgement of a debt for 6 years, it becomes statute barred. This means the debt cannot be enforce via a court action, i.e. CCJ. Furthermore if they continue to demand payment and you state you will no pay they are breaking the law on harassment, and thus they guilty of unlawful harassment.

Scotland (Stronger laws) - If you have not made payment on or made written acknowledgement of a debt for 5 years, it becomes statute barred. This means the debt cannot be enforce via a court action, i.e. CCJ, because the debt is legally extingished, therefore it no longer exists. Furthermore if they continue to demand payment and you state you will no pay they are breaking the law on harassment, and thus they guilty of unlawful harassment.

Template letters with the correct laws - http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

Thanks you have been very helpful.

I have not made a single payment to my creditors in over a year.
Since a year has passed without payment I am only 4 years way from it being Statue barred then ?


I have sent letters to the Debt recovery agents telling them they are harassing me and that the debt is unenforceable due to a failure by their client to produce the original CCA.

They then go away only for another Agency to take their place.
I must have dealt with nearly 50 different Agencies in over a year between 3 creditors.

Should I not even mention the CCA dispute with the creditor as this is acknowledging the debt in some way ?

Basically I am wondering if the year that has passed without payments from me now officially going toward the 5 needed for Statute Barred or has my letters constantly holding this process up because I mention disputing it for CCA ?

DarkConvict

Yes,

Just make sure to include "I do not acknowledge any debt to you or any other company or organisation that you claim to be representing." on all your letters at the top like in the samples. Or simply bin their letters, if it goes to court just put in lack of CCA as your defence.

With the CCA route this is one of several disadvantages to it. The credit file trashing and thus poor rates on new credit being the other.

TheRealDeal_2

DarkConvict wrote: »

Yes,

Just make sure to include "I do not acknowledge any debt to you or any other company or organisation that you claim to be representing." on all your letters at the top like in the samples. Or simply bin their letters, if it goes to court just put in lack of CCA as your defence.

With the CCA route this is one of several disadvantages to it. The credit file trashing and thus poor rates on new credit being the other.

My credit file is completely trashed anyways so there is not much for me to worry about now when it comes to that.

I will make the relevant adjustments in my correspondence.
I will add the line you quoted from the Templates but should I just say:

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

Then go on to say the usual stop harassing me templates I use ?

Or should I still mention that I challenged the creditors for CCA and they failed to produce it ?

DarkConvict

Maybe your looking for this type of letter? - http://forums.moneysavingexpert.com/showpost.html?p=33792079&postcount=22

or http://forums.moneysavingexpert.com/showpost.html?p=33792095&postcount=23

pepe2008

Just photocopy or print a load of letters off, leaving blanks for address, Ref Numbers etc and then send as appropriate.

Any Creditor can continue to threaten, chase, phone ( unless told not to) or write as many times as they like as none of these actions are regarded as being 'enforcement' ( McGuffick v RBS?).

Grow a thick skin, not very pretty advice but really the only way.

edit. ....and EVERY time the OC passes it on to another Collector whilst they are in Default for not producing the CCA....COMPLAIN!!!!!

TheRealDeal_2

DarkConvict wrote: »

Maybe your looking for this type of letter? - http://forums.moneysavingexpert.com/showpost.html?p=33792079&postcount=22

or http://forums.moneysavingexpert.com/showpost.html?p=33792095&postcount=23

Thise links are handy thanks.

TheRealDeal_2

pepe2008 wrote: »

Just photocopy or print a load of letters off, leaving blanks for address, Ref Numbers etc and then send as appropriate.

Any Creditor can continue to threaten, chase, phone ( unless told not to) or write as many times as they like as none of these actions are regarded as being 'enforcement' ( McGuffick v RBS?).

Grow a thick skin, not very pretty advice but really the only way.

edit. ....and EVERY time the OC passes it on to another Collector whilst they are in Default for not producing the CCA....COMPLAIN!!!!!

Thanks will do.