Moorcroft at the door!

skint81

thanks have a virgin landline which i've always paid on time and a pay as you go mobile-i'd never want a contract mobile after this. i wont pay moorcroft but would consider paying the original company (3) if i cant get a statute (?) barred after 6 years.

farmers-marketeer

I am inclined to think you need help in dealing with this go to your local CAB and get some support there that must be your first priority.

skint81

not gone to court, photocopied signature letters sent warning they 'may' take me to court but they havent. it was 2 year contract. i still have the phone it is faulty- didnt last long, its in a drawer. i paid 3 months then cut off.

fluffnutter

skint81 wrote: »

not gone to court, photocopied signature letters sent warning they 'may' take me to court but they havent. it was 2 year contract. i still have the phone it is faulty- didnt last long, its in a drawer. i paid 3 months then cut off.

So you paid three months at what price? You said earlier that it was just one month's worth of use? I'm a bit confused.

However, echoing earlier posts, I think a trip to the CAB might be in order. But it might help to try to be a little more coherent in your telling of the events. It will help everyone to understand what's happened.

neilmcl

skint81 wrote: »

thanks have a virgin landline which i've always paid on time and a pay as you go mobile-i'd never want a contract mobile after this. i wont pay moorcroft but would consider paying the original company (3) if i cant get a statute (?) barred after 6 years.

If your thinking is you can wait this out for 6 years to have the debt written off then think again, it won;t be statute barred because they're already actively chasing the debt. Juts one point about the £40 cap. They may well have introduced a cap on the calls but you say this was data charges so that's entirely different and probably wouldn't be covered.

As most posters have stated you really have to acknowledge and stop running away from the debt and speak to someone who can help, starting with the CAB and then maybe one of the debt repayment charities.

Dontdrinkurmilk

I would say that as stated already the DCA's have no authority in this matter, unless a third party purchases all of the rights to the debt, from the original creditor, known as the deed of assignment, they have no power to enforce repayment of that debt. It is true that you should pay the debt with the OC, However if they cannot prove you owe the debt then why should you pay? If they took you to court they would have to provide a copy of the original agreement.

Some of these commercial debts in my experience are written off, as the OC has employed too many DCA's and still not had the debt re-paid, its not always Viable for them to keep perusing a debt.

DVardysShadow

neilmcl wrote: »

If you're thinking is you can wait this out for 6 years to have the debt written off then think again, it won;t be statute barred because they're already actively chasing the debt.

Let us be very clear about this. It is only if the debtor acknowledges the debt in writing or by payment that statute barring is prevented. The creditor or a DCA chasing does not affect statute barring. If what you mean is that it won't become statute barred, because the DCA will harass the OP to death, then possibly you have a point.

mo786uk

Firstly - you owe the debt so come to an arrangement with the DCA to pay it back in small installments. Ignorning it won't help because they will keep contacting you.

With regards to statute barred - if you have made no payments or admitted you owe the money for a full 6 years then it is statute barred - this means they can no longer take you to court for it or create the impression they can - but they can still try and get the momeny back by writing to you etc. It doesnt matter if they have written to you everyday for the last 6 years as long as you havne't admitted the debt.

If you are going down the SB debt route then you should not make payments or talk to them - but your throwing away of the paperwork doesn't help.

I cannot see how ignoring it and letting it go to court can help you.

What you could do is write to the debtor asking for a ful lrecord of your account and seeing when you last made a payment (although don't admit liability yet). But as it happened in 2006 it def wont be SB yet anyway - you would have to drag it on for at least another year or so.

Enfieldian

Yes, because asking someone for the money they owe you is harrassment.....

MothballsWallet

fluffnutter wrote: »

Basically I doubt you're in a position to pay this - certainly not as a lump sum. If you don't care about your credit rating being shagged forever you might consider letting them take you to court where you can arrange a payment plan that you can afford. What you need to do (for your peace of mind, particularly as you've suffered with mental health problems in the past) is stop ignoring this, get the debt collectors off your back (nasty bastards) and sort this out properly. Have you thought about getting some debt advice from CAB?

Or the OP could try the CCCS as well?

As long as they stay well away from those private debt management companies, of course, they should get good, sound, advice.