Help with Debt Coolection Agency

little_red_one_2

Hi

Brand new to the site. Hope this is the correct forum !

I have a question on delaing with a debt collection agency. Is this the right place to ask it .

Thanks

little_red_one_2

oops, typo in the title already !

worried_jim

yes it is, what's your question caller?

little_red_one_2

I ran up some pretty big debts about 8 years ago. In total, it runs to about £80k across 9 different companies. Smallest amount is £1200 and largest amount is £17,000. Since then I ws made redundant, got divorced so moved abroad to start a new job / life etc. The last direct contact ( by letter) I had with any company was December 2003. No CCJ's have been issued against me for any of the debts.

As the recession kicked in I lost the work abroad and came back to UK in 2008. Since then, I've been chased for the debts by various companies Mackenzie Hall, Ist Credit, BCW and Lowell Portfolio/Finance. Most of them have threatened all sorts including sending "poorly faked" stat demands and attempts to get a response from me. I've ignored everything so far and not responded.

Now the main people constantly on my back are Lowell. Regular letters arrive weekly, all threatenin the same thing, then offers of reduced settlement etc. I moved house twice and each time it seems to start again. I have not responded to any of these letters.

Anyway, to my question. As the debts are well over 6 years old, should I
1. Ignore these letters as they would be statute barred.
2. Write to them stating that the debt is statute barred. ( They have sent letters to me, but none have been recorded / signed for and I have never acknowledged them)
3. Write to them, but not acknowledge the debt and ask for proof of the debt and the fact they own it.

I'm not sure what to do as its been 7 - 8 yeasr since any contact with anyone about the debts, and I don't know if I should try and draw a line under this now.

Current circumstance is that I am not working , dont own my own house and have nothing in my name except for some current credit cards ( no real debt on these, but some credit limit available)

Thanks

Tixy

Hi

if you are certain they are SB (which it sounds like they are) then send them a template SB letter. After you have told them you know they are SB and don't intend to pay then they have to stop chasing you at that point.

If you are not sure they are SB then go with the prove it letter option.

little_red_one_2

Thanks for this.

Can anyone tell me if these debts are definitely statute barred, if I have not acknowledged the letters they sent me nor replied to any correspondence.

I am not sure if the fact that they have sent them to my current know address counts for anything or if this doesnt matter as I havent acknowledged them or replied.

Thanks

Tixy

If you haven't paid towards them or acknowledged them in writing then the only other think you need to check is that there have never been any CCJs on any of these debts. If you are certain there hasn't been then they would be SB. (Remember court papers, CCJs only have to be sent to your last known address so if you moved without telling them you need to double check no CCJs have been issued for them at your old addresses.

Presumably these are all unsecured debts? rules are different for mortgage shortfalls /secured loans etc.

Have you seen/read this national debtline advice? http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

little_red_one_2

Many Thanks

Yes it is unsecured debt.

I've read many forums / threads about it and whilst there are a number of knowledgable people around there are also many individual "off the wall" posts, so I wasnt quite sure where I stood re the fact I still received letters during the last few years but did not reply or acknowledge.

As I write, I'm applying to check my details with the "credit reporting agency ltd" to make sure there are no ccj's on there that I dont know about.

From what I've read about Lowell, it seeems they ahve put default notices on many peoples credit files. Do you know if this is legal, as the exisiting debts were not with them, but they have stated in past letters that they have purchased the debt from the original company it was with. How can they put a default notice on a credit file when someone doesnt have an agreement with them personally in the first place ?

Tixy

Its unlikely you will have a CCJ for a debt owned by lowells.
Don't know about the credit reporting agency limited. Would suggest you check your credit files at experian and equifax and possibly callcredit for 2quid each. These are the 3 agencies in the UK. You might also want to check the register trust online which is the official website of CCJs etc - but that costs 8pound per address you search.
The advantage of the latter is that it doesn't link your old address to your current one which a credit search with the CRAs can.

Doesn't matter how many times they write to you, or even if you ring them up, the only thing that counts is written acknowledgment from you to them.

Usually a creditor will have entered a default before they sell on a debt. If this has happened the DCA can put on a default and the debt in their name but the default must be the same date as the original creditor used and the original creditors entry needs to be removed so there is only 1 default visible at a time.

McKneff

Well, I am not being judgemental, but I hope you have learned from the experience.

and i dont mean duck and dive, avoiding payments, i mean stop borrowing money which you
cant pay back.

fermi

little_red_one wrote: »

I've read many forums / threads about it and whilst there are a number of knowledgable people around there are also many individual "off the wall" posts, so I wasnt quite sure where I stood re the fact I still received letters during the last few years but did not reply or acknowledge.

What do you mean?

The Limitation Act 1980 is very clear. Only acknowledgement or payment by the person liable can 'reset' the clock.

A creditor can write a letter a day for the whole 6 years, and it will have no effect.