1st Credit/ Judge & Priestly chasing old debt

Melodyjames15

I hope someone can help me. I've had a letter today from both 1st credit and Judge and Priestly Solicitors about a old bank loan that I got out in 2003, which I stopped paying a year or so after. This is my only bad debt. I did start paying a small amount towards it a couple of years later and then stopped again due to money situation and stupidity. However they've now sent me this letter saying they want the money in 16 days or 1st Credit "may consider taking a court judgement out against me". I've checked both my credit reports for this to see if it's still on there and both are clean with no defaults I really don't know what to do as I acknowledge I stopped paying it but it was a long time ago and I don't think I have any paperwork to even refer to it about it .
If anyone could give me some advice about this I'd be very grateful. Thank you

[Deleted User]

The debt is statute barred and tell them so.You don't have to pay them a penny; they cannot take any action because of the time elapsed since payment or acknowledgement of the debt. Relax and send them the statute barred letter.

fermi

You are certain there has been a period of at least 6 years without payment or acknowledgement by you?

sourcrates

Hi,

Quiet simple, the debt will be statute barred by now, simply write and tell them so.
If they take you to court, a defence of statute barred would be a full defence to that claim.

Limitations act 1980, you must of heard of it ?

Any period of 6 years without payment or written acknowledgment a normal consumer debt becomes statute barred.

National_Debtline

Hi Melodyjames


A copy of the letter you can use to argue that the debt is "statute barred" is available at:


https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx


Once you send this letter the onus is on 1st Credit/Judge & Priestly to prove you wrong.


Dennis
@natdebtline

Melodyjames15

Thank you all for your help. I will use that letter thank you. The solicitor letter did scare me though

sourcrates

Melodyjames15 wrote: »

Thank you all for your help. I will use that letter thank you. The solicitor letter did scare me though

You treat solicitors as you treat DCA's, non have any more power than next doors cat.
These letters are carefully scripted to have that effect on you.

In this case it's 100% total rubbish.

Send the letter, watch them squirm !!!

Melodyjames15

Hi again,
sorry I dissapeared, I have been I a bit of a panic since and have been trying to sort out what's what with this debt. I called Halifax to ask when this loan was defaulted and according to them that was June 2007, even though I'm sure I'd stopped paying before that, but still. I originally got it out in 2003, as I mentioned above. They also told me that the account had been sold to 1st Credit and that the account was closed to them (Halifax)
In 2011 I was paying 10 a month to a company called Mackenzie Hall as I got scary letters and foolishly spoke to them. Like I mentioned above I paid this for a year and then stopped when I moved house. I have never spoken to 1st credit or agreed to any payments to them though throughout the duration of this debt.
Should I keep ignoring them or is this going to catch up with me now? My credit has be good for a long time now and this will really put a spanner in the works for us buying a house if I have to dredge it up again. Is there anything I can do about it at all? I'm very stressed about it all.

sourcrates

Hi,


Well if you were paying this debt as recently as 2011, then it wont be statute barred, originally your dates were a lot wider of this mark.

So you now have a choice.

You can send 1st credit the "provit" letter, basically this asks them to prove the debt against you, without acknowledging it.


If they can do so, then I would urge you to make some kind of arrangement with them, as they can be quite litigious on occasion.

Or,

You can send them a CCA request (not too sure which would be best in your situation, but I`m thinking CCA may be the way to go).


As the debt stems from 2003, they may have a problem producing the necessary paperwork, which may make the account unenforceable.

Melodyjames15

Thank you
Is there a template for a CCA request anywhere on here I could you use?

sourcrates

Melodyjames15 wrote: »

Thank you
Is there a template for a CCA request anywhere on here I could you use?

Quote:

(Your home address)
Date:

To:

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully



Your name.



The statutory fee of £1 should be a postal order.


This also has the added benefit of automatically putting your account "on hold", until the creditor complies with your request, they are prevented from further action whilst this is outstanding.