What can they do after SB

markiem

OK I'm still fairly new here so may be asking what someone else has previously answered if so I apologise.

I understand that if a debt is SB then no court action can be taken, so what options does that leave the DCA with to recover the debt?

Thanks

Markiem

nottoolate

they could take court action. the debt being sb would just be a complete defence if they did. unlikely they would try though if truly sb. otherwise not much they can do apart from ask you politely to pay

shedhead55

nottoolate wrote: »

otherwise not much they can do apart from ask you politely to pay

Unfortunately debt collectors seem incapable of making a polite request, they just don't seem to get it that being nice can get results.

If you state in writing that you have no intention of paying a SB debt then OFT guidelines state that they must then leave you alone. However they can sell the debt on and the buyer will most probably try their luck at collecting the debt.

markiem

Thanks. So in essence the DCA can resell the debt to another DCA, it can be defended because its SB and the whole cycle can start again?

VitaK

Im not an expert and could be wrong.

It is my understanding, that any collection activity by them, any third party company acting on there behalf, and any third party claiming to have been legally assigned this debt, would put them in breach of the OFT guidelines.

Continuing to press for payment could amount to harassement.

Gordon_Hose

Once the debt is SB and you have informed them that you will not be paying, they MUST cease all collection activity. If they don't they can be reported to the FOS, OFT and Trading Standards.

Leeds16bradford8

what is SB debt?

Gordon_Hose

Statute Barred.

Boris_Allen

SB = Statute Barred.

Yup, basically there is very little they can do to force you to pay. Yes OFT guidelines state that they have to leave you alone upon request, but I personally think it's hilarious when they don't - you've nothing to fear/lose and it's just wasting their time/money sending rude letters/knocking on your door etc

ampafc

VitaK wrote: »

Im not an expert and could be wrong.

It is my understanding, that any collection activity by them, any third party company acting on there behalf, and any third party claiming to have been legally assigned this debt, would put them in breach of the OFT guidelines.

Continuing to press for payment could amount to harassement.

This post, in a way, sums up everything that is wrong about many forumites and those that avoid their debts.

The fact that chasing money OWED by people can after any amount of time be classed as harassment, is just nonsense.

So company X loans person A GBP 5000. Person A refuses to pay the money back, or acknowledge in any way. After 6 years, company X asks for the money back, but is cited for harassment for doing so. And person A gets away with GBP 5,000 for free.

Some people are just horrible. People should pay back what they owe, end of story.

shedhead55

VitaK wrote: »

Im not an expert and could be wrong.

It is my understanding, that any collection activity by them, any third party company acting on there behalf, and any third party claiming to have been legally assigned this debt, would put them in breach of the OFT guidelines.

Continuing to press for payment could amount to harassement.

You may well be right, but DCA's usually assume that debtors are unaware of the OFT guidelines and other rights (I'm sure many are) and try their luck anyway.

I do not condone anyone trying to avoid their moral responsibility to repay their debts, however I deplore the tactics that debt collectors use to attempt to recover debts, tactics which often result in anxiety and hardship to vulnerable and sometimes entirely innocent people. It is these people that the OFT guidelines are there to protect and it is perhaps unfortunate but unavoidable that the less innocent can use them as a shield.