14yr old debt help please !

DEXTERFAN

hi im new here , hope i can get some advice on an old debt originally with barclays i hope its not to confusing for people . basically i took out a loan for £2000 with barclays, paying 80mth back, fell pregnant was sacked from my job and even though i had loan insurance they didnt cover pregnancy so therefore i was unable to make the monthly payments. barclays passed it on to there recovery unit then CDCS i agreed to pay them £30 pm ,then within three months AKTIV KAPITAL bought the debt so they wanted more than £30, and by now the balance was also accuring interest i stopped paying them as i moved hoping i suppose that they wouldnt find me but they did i didnt pay them, but i moved again this time the debt had been sold on to scottcall who demanded payment but that the interest had been frozen , i just ignored but since moving to the address im at now scottcall traced me to this address and constantly harrassed me regarding payment . at the time i didnt know about statue barred/time barred debts ect if i had i wouldnt have done the following: acknowledged the debt by email and started paying scottcall 2009-2011 paying £260 in total to them, accept they kept insisting i hadnt paid and i was getting more and more letters off them . i sent them a harrassment letter telling them to stop , and they did. then last month i started getting letters off buchanan clarke and wells im sure youve all heard of them !
first one on the 5th may which was a verification letter saying they were trying to contact me and they had confirmed my address with a credit file agency , and wanting me to ring them which i didnt, then another letter on the 11th may with a formal demand saying they have been instucted by aktiv kapital to recover the debt of £1965 and said that aktiv kapital are unaware of any legitimate reason for non payment but will not hesitate to commnece legal proceedings , which i cant understand seeing as i havent dealt with them for 14yrs so how would they still have the debt !!

then another letter on 28th may this time a final notice and that if i dont contact them they will inform there clients to commence proceedings with payment of interest and costs in addition to the above sum.
most recent one notice of impending further action
with the same crap saying accordingly we now intend to tell our clients to take action with 2 options of :
application to the court to get a ccj/decree
and 2) if a ccj/decree was obtained and remained unpaid they could apply to to the court for further renforcement i.e attachment of earnings or warrent of execution
but if you want to prevent that to ring them which after having spoken to national debt line theyve told me not ring them but write to them instead and because i started paying scott call in 2009 it means the whole thing starts again and i am liable to pay it back as it is not statue barred .
so does anyone know whats the best course of action ?
sorry for the long story but its the only way i could explain it all

thanks x

jonesMUFCforever

Your post is a little difficult to read - can you please confirm when you made your last payment or acknowledged the debt in any way?

DEXTERFAN

i aknowledge the debt in 2009 with scottcall , and last payment was made in november 2011

i know it is , sorry again

Tixy

Hi

When did you originally take out the loan?

When did you default on the agreement (stop paying the full amounts)?

When did you stop paying the £30 a month?

How long between when you stopped paying the £30 (or whatever) and you acknowledging the debt in 2009?

If it was more than 6years (or 5 in Scotland) then the debt would be statute barred and even though you made payments after that date that doesn't stop it being statute barred.

If there was not ever a 6 (5) year gap then the best way to deal with it would be to start by sending a prove it letter - which asks them to prove you owe the money and prove they have a right to collect it.

DEXTERFAN

Tixy wrote: »

Hi

When did you originally take out the loan?

When did you default on the agreement (stop paying the full amounts)?

When did you stop paying the £30 a month?

How long between when you stopped paying the £30 (or whatever) and you acknowledging the debt in 2009?

If it was more than 6years (or 5 in Scotland) then the debt would be statute barred and even though you made payments after that date that doesn't stop it being statute barred.

If there was not ever a 6 (5) year gap then the best way to deal with it would be to start by sending a prove it letter - which asks them to prove you owe the money and prove they have a right to collect it.

I took out the loan in 1998
i first defaulted on loan with barclays in dec 1998
i stopped paying the £30pm in march 1999
i didnt re-acknowledge the debt until 10yrs later

i phoned a litigation solicitor not so long ago and they said because i acknowledged the debt the whole thing starts again and it wasnt statue barred and i was liable, national debt line said the same thing.

shall i send them a letter asking them to prove i owe first is it ?

Tixy

Which country of the UK are you in?

Once a debt becomes statute barred nothing you do afterwards makes it 'un' statute barred.

This is, I am sure, the case - and has been confirmed in the past by national debtline representatives - this thread Statute barred debts and the Limitation Acts has useful information and template letters for just this situation, when payments have been made since the debt became SB (see post #6).

This all assumes that it was SB in the first place (i.e I am assuming that they didn't obtain a court order during those intervening years)

You might want to talk to national debtline again for a second opinion. (?)

DEXTERFAN

hi i live south wales , no i dont think a court order was made
i will look at the link, thanks for the advice so far

fatbelly

DEXTERFAN wrote: »

i stopped paying the £30pm in march 1999
i didnt re-acknowledge the debt until 10yrs later

i phoned a litigation solicitor not so long ago and they said because i acknowledged the debt the whole thing starts again and it wasnt statue barred and i was liable, national debt line said the same thing.

It's a common misunderstanding. They had until March 2005 to commence court action. It became Statute Barred at that point and remains that way.

Just fire off the letter Tixy has linked to.

DEXTERFAN

thanks all ,wil print off one of those letters and get it sent off today , let you know the outcome , shall i send it recorded delivery and shall i tell them to only corresponde to me in writing only?

DEXTERFAN

just to say i will be posting the template letter one that states the statue barred even after making payment . hope thats the only one i need to send to them

DEXTERFAN

Hi ive had a reply from BCW today saying the following:i can hearby confirm your concern have been recorded and are currently being investigated in the menatime i have authorised a "cease all action" instruction to be placed your account with immediate effect. a copy of ourinternal complaints procedure is enclosed .

what does everyone think of that, is that normal procedure from them? hope now that i wont be bothered anymore , will have to wait now see what they say. xx