Anywhere good to go to for advice?

toby_puppy

the people at Citiabank have now said it's not Statute Barred as the last payment made was in 2004 but they wrote to me about it in 2008 and 2009 (I didn't get those letters).

Is this correct that if they write to you chasing the debt before the six years is up then even if you haven't responded to any letters they have sent or made payments within the six year time slot, that it is still not Statute Barred?

[Deleted User]

No it's not true at all.

RAS

toby_puppy wrote: »

the people at Citiabank have now said it's not Statute Barred as the last payment made was in 2004 but they wrote to me about it in 2008 and 2009 (I didn't get those letters).

Is this correct that if they write to you chasing the debt before the six years is up then even if you haven't responded to any letters they have sent or made payments within the six year time slot, that it is still not Statute Barred?

STOP speaking to them.

You write, do not communicate any other way.

Unless you can download an app that records calls and ring back and get the birk who told you this to repeat it for use with your complaint to the OFT.

They are lying.

Write and tell them they are lying and ask for a copy of their complaint procedure and tell them you are reporting them to the OFT.

basically write what fermi wrote here https://forums.moneysavingexpert.com/discussion/4505729

soontobemrsg

RAS wrote: »

STOP speaking to them.

You write, do not communicate any other way.

Unless you can download an app that records calls and ring back and get the birk who told you this to repeat it for use with your complaint to the OFT.

They are lying.

Write and tell them they are lying and ask for a copy of their complaint procedure and tell them you are reporting them to the OFT.

basically write what fermi wrote here https://forums.moneysavingexpert.com/discussion/4505729

^^^ This

toby_puppy

Just an update of actual letters received, just wanting to run it by members see if it's feasible to send a Statute Barred Letter:

9 Nov 2012
Capquest Debt Recovery
Balance 2080.63
Account purchased from Barcalys Partner Finance fmly Clydesdale

We confirm receipt of your email dated 8 November 2012. (this was the one where my partner asked if he could have a copy of the original agreement, as he doesn't remember what was owed)

Please note that legal action was issued on this account and judgement was entered on 23 November 2006.

This account is a Barclays Partner Finance account, with regards to a Clydesdale fixed term loan. The account was opened on 1 August 2001 and was last paid on 21 December 2005. The account was assigned to Capquest on 30 March 2006 due to non payment.

We are willing to discuss with you a payment arrangement, etc etc
(he rang and asked them to supply a copy agreement)

Another letter from Capquest dated 19 Feb 2013

In response to your request for copy documentation, please note that it is the OFT's view that a creditor is not obliged to supply copy documents under sections 77 to 79 of the Consumer Credit Act after judgement is obtained. We reiterate that we are willing to discuss with you a payment arrangement etc.
(this is when he panicked and set up a £50 per month dd)
.........................................................................................................
Letter from Clarity re Citifinancial dated 12 October 2012
Our client Britannica Recoveries
Balance £6083
Loan Taken out 13 November 2003
Last payment made December 2006
(my partner rang them and asked them to send a copy of the original agreement to him and they emailed it to him on 31 January 2013. The agreement showed the date it was taken out as 13 November 2003. He then rang them up in February 2013, paid off the odd £83 by debit card and set up a direct debit of £50 per month).

Neither of the £50 direct debits have started, due to start in April 2013.

Sorry for the long post, but just wanted to check this with someone who might be able to advise if they think these are both Statute Barred?

He has cancelled direct debits and going to write to them the standard letter - I'm just hoping he won't be in trouble for cancelling payment arrangments made over the phone.

toby_puppy

I've just found another letter re. the Clarity debt they sent him dated 7 February 2013

"We wrote to you recently but our records indicate that we have not reached an agreement with you. We would like to work with you to agree a solution which us both affordable to you and acceptable for our client. We can of course only do this if you contact us,

If we do not hear from you we will need to work with our client to consider the options available. These include our representative, Fieldcall Ltd, visiting you at your home to reach an agreement with you.

We very much hope and expect that this can be avoided and we look forward to hearing from you"

At this point my partner paid them £83.00 over the phone and was told he would have to set up a payment plan for £50 per month for ten years or a settlement of £4562.25

Really worrying reading the bit about the Fieldcall calling to the house now This is the debt that they said was taken out in November 2003 and the last payment made was December 2006.

National_Debtline

toby_puppy wrote: »

I've just found another letter re. the Clarity debt they sent him dated 7 February 2013

"We wrote to you recently but our records indicate that we have not reached an agreement with you. We would like to work with you to agree a solution which us both affordable to you and acceptable for our client. We can of course only do this if you contact us,

If we do not hear from you we will need to work with our client to consider the options available. These include our representative, Fieldcall Ltd, visiting you at your home to reach an agreement with you.

Oldest tactic in the book. Fieldcall have no more legal standing than you or I. Ignore this sort of thing.

If I understand correctly, this particular debt is not the subject of any CCJ, and it is over 6 years since any payment or written acknowledgement by you, in which case the debt would appear to be statute barred.

Can I suggest that you read our fact sheet on this topic:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Regards

Dennis @NDL

fatbelly

toby_puppy wrote: »

Please note that legal action was issued on this account and judgement was entered on 23 November 2006.

Get them to send you a copy of it then.

Have they said which court they used or what the reference was?

toby_puppy

fatbelly wrote: »

Get them to send you a copy of it then.

Have they said which court they used or what the reference was?

Hello Fatbelly

Thank you. They haven't said which court or a reference. They have already said they don't have to send me copies of the actual agreement (because it went to ccj), so I'm wondering if they will say the same when we ask for proof of the ccj.

Is there a template for requesting a copy ccj or would we need to do a Statment Access Request letter ?

toby_puppy

National_Debtline_representative wrote: »

Oldest tactic in the book. Fieldcall have no more legal standing than you or I. Ignore this sort of thing.



Dennis @NDL

thank you Dennis, that has put our minds at rest. we will send them a statute barred letter this weekend.