Old Debts have come back to haunt me

blondie46

Not sure if I'm in the right place, but here goes anyway.
I received 2 letters today. One was from Natwest saying they had passed a debt on to this Arrow Global company, and the second letter was from Arrow Global themselves saying the debt had been passed on to them for collection.
Right, now it starts getting silly. I did have a Maestro card from Natwest a few years ago, and as I fell behind with re payments, Natwest (or rather RBS who for some reason issued the card) passed the debt on to a collection agency in Stratford upon Avon. (not A G) I paid this company every month for a while then when things got too much for me, I took applied for a Debt Relief Order. That debt was on the order and that will be 2 years next month. Surely after all this time, A G cannot ask for payment, as I believe that after 1 year the debts on the order are wiped out, also why did Nat west contact them to collect the debt when they had already passed it on to someone else? I'm not really sure what is going on here, so some advice would be appreciated. I am inclined to totally disregard this letter because I know I no longer owe anyone anything and I think these are a bunch of cowboys who maybe chase old (and unenforceable debts) to see if they can get cash out of people.:mad:

Tixy

Hi blondie

I would ask on the bankruptcy board exactly what letter you should send to AG and Natwest. Something that says about your DRO and possibly a copy of the order itself to get them tp stop chasing this.
Have you ever looked at your credit files since your DRO finished to do a post DRO clean-up? If not it would be worth checking this to see that everything is as it should be.

DEBTMONKEY1A

Hi!

My advice is to send a brief letter (will type below) asking the company concerned to advise you of when the last payments were made/or any default was issued. IF this(or any of the other debts) has not been taken to court (ie a county court judgement issued against you) is SIX YEARS OR MORE from when the last payment was received(or a default notice was given to you) then YOU CAN NOT be forced to pay the debt & the company CAN'T take you to court, etc... Sure-they can ASK for it but you DO NOT have to pay them anything. If they continue to harrass you contact the financial ombudsman. If lets say its 5 years & 11 months since the last payment & you a)-either write acknowledging the debt OR -PAY anythin-YOU START THE 6 YEAR CLOCK again & they have ANOTHER 6 years to chase/take you to court.

Simple letter....but use EXACTLY as printed.


Dear Sir/Madam,

Re; your refence (fill in as appropriate)

Without predjudice.

I do not acknowledge the above debt & believe it to be statute barred under the Limitations Act 1980 section 5.

Please can you send me proof of when you received the last payment &/or when a Default Notice was issued.

Yours Sincerely.... (insert name)

Send recorded/signed for. I could be wrong but think they have 28 days to reply.

If you find the phone calls harrassing CHANGE your number (you do not have to tell them) or block them. Remember.....as an unsecured creditor that has not taken you to court they can't take goods, instruct bailiffs, take money from wages, take property, etc.

If you find that you are within the 6 years but only have say a year until it hits 6 years its up to you what to do. You could allways wait...& if no court action within 6 years you're home & dry. Remember though, any payment (even £1!)within 6 years starts the clock again!!!!

fermi

blondie46 wrote: »

Not sure if I'm in the right place, but here goes anyway.
I received 2 letters today. One was from Natwest saying they had passed a debt on to this Arrow Global company, and the second letter was from Arrow Global themselves saying the debt had been passed on to them for collection.
Right, now it starts getting silly. I did have a Maestro card from Natwest a few years ago, and as I fell behind with re payments, Natwest (or rather RBS who for some reason issued the card) passed the debt on to a collection agency in Stratford upon Avon. (not A G) I paid this company every month for a while then when things got too much for me, I took applied for a Debt Relief Order. That debt was on the order and that will be 2 years next month. Surely after all this time, A G cannot ask for payment, as I believe that after 1 year the debts on the order are wiped out, also why did Nat west contact them to collect the debt when they had already passed it on to someone else? I'm not really sure what is going on here, so some advice would be appreciated. I am inclined to totally disregard this letter because I know I no longer owe anyone anything and I think these are a bunch of cowboys who maybe chase old (and unenforceable debts) to see if they can get cash out of people.:mad:

Answered here: http://forums.moneysavingexpert.com/showpost.php?p=42506038&postcount=28

PNPSUKNET

did the dro contain the full debt amount, the reason I ask is that if not the remainder would be owed.

MIKE770

Watalie wrote: »

I think, I'd write to them and ask what the matter is that they are referring to.

if they have bought up old dabts, they may be chancing their arms to see if they can get any money from you but it may be that these debts are too old to do that.

I think the best advice (from what I have gleaned from MSE) is not to admit to anything but find out what they are on about and then you can decide the best way forward.

You may be better posting on the Debt Free board.

Good Luck.

Sounds like could well be statute barred, past 6 years england, 5 years scotland and is a phishing letter, wait to see if you hear from them again!
You have to understand a lot of debt purchaes are statute barred accounts where they hope you are ignorant to the fact that they cannot take legal action against you.

There may be Hundreds of people with your name and they send bulk letters out in the hope someone will respond and is the said one, see how it can work for them?

kari150

Can someone please help??

My boyfriend lived/worked overseas aprox 2 years ago in Dubai.

He has today received a statement from a debt collection agency demanding a full settlement of the balance (aprox £4k), are they within their right to do this as a UK collection company whne the original contract of business would have been under Dubai regualtions etc?
Its looking possible that his previous partner ran up the debt and left him with it and we have no way to prove this, a statement has been requested and assurance of it not showing on his credit file has been made... although why has it never been picked up until now 2 years on....
Any advice, we would be very grateful.
Thanks in advance.