First letter about 9 year old debt!

heavenleigh

Morning all,

When the postman came this morning i was bemused to see a letter waiting with my maiden name on it (i have been married for eight years)
Upon opening it, it seems to be a formal demand for a topshop card i had taken out in 1996, in the back of my mind i cant see how this £137.39 wasnt paid as i have never defaulted on anything before but my memory from 10 years ago is hazy at best.

I have had no previous letters or phone calls from this company in the last 9 years at least.

They want it paying and are threatening legal proceedings if this is not done.

if i owe this money i will pay it, after all it isn't a huge amount but where do i start in finding out if this is owed, from when etc. Having not heard anything from them in 9+ years is baffeling me.

Thanks in advance,
Leigh xx

Larumbelle

The debt is statute barred and you do not have to pay it. Do a board search for 'statue barred' and you will find lots of letters and guidance on how to deal with the DCA.

Do not make contact with the DCA except to send a 'statute barred' letter, or answer any of their questions etc. Do not panic or let this upset your day. The DCA know they can't take any legal action against you, they probably paid about £1 for this debt and are just trying to scare you into paying.

Here are a few threads:

http://forums.moneysavingexpert.com/showthread.html?t=546634&highlight=statute+barred
http://forums.moneysavingexpert.com/showthread.html?t=587924&highlight=statute+barred

fermi

Info and a letter to deal with 'Statute Barred' debts is here:

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

And when you are considering any moral obligation to pay back the debt, remember that as silvercharming said, the DCA probably paid pounds or pence for the debt. You would not be paying the original debt, but simply be making the DCA an enormous profit for no work.

heavenleigh

Thank you to both of you,
I didnt realise that paying this would be making a profit for the dca and not paying back the original debt.
Another thing that is baffling me is that doing an online search for the company who have sent the letter shows them as not only chasing debts but also shows a website from the same company wanting to help people sort out their debts and help people obtain iva's etc.
You would think a company did one or the other!
Thanks again fermi for the link, i will get the letter sent off asap.

Leigh xx

Larumbelle

Can I be really cheeky and ask who the company is? We know all the usual suspects around here...;)

GettingThingsDone

shows them as not only chasing debts but also shows a website from the same company wanting to help people sort out their debts and help people obtain iva's etc.

At a random stab in the dark, I would think that their 'help' sorting out debts is to help themselves to extract money from vulnerable people.

gtd

heavenleigh

silvercharming wrote: »

Can I be really cheeky and ask who the company is? We know all the usual suspects around here...;)

I've just done a search on the board and i'm sure you wont be suprised to hear the company in question is Buchanan Clark + Wells.

fermi

heavenleigh wrote: »

I've just done a search on the board and i'm sure you wont be suprised to hear the company in question is Buchanan Clark + Wells.

Not surprised in the slightest.:rolleyes::rolleyes:

rog2

BCW up to their old tricks again. :rolleyes:
You have received the correct advice and they should, but doubtless won't, leave you alone now.
Please do NOT be intimidated if they write to you stating that the 'statute barred' legislation is not applicable in your case, as they 'have not tried to collect through the courts'. This is 'bog standard' for an 'industry' that has probably purchased the 'alleged debt' for pennies in the hope of making a fortune out of your assumed ignorance of the Limitations Act and the protection that it affords you.
Please feel free to post details of any further communication from BCW, and have a look at the OFT Debt Collection Guidelines, to which these cowboys should be adhering:
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Good Luck.

Donedoingdebt

heavenleigh wrote: »

Another thing that is baffling me is that doing an online search for the company who have sent the letter shows them as not only chasing debts but also shows a website from the same company wanting to help people sort out their debts and help people obtain iva's etc.
You would think a company did one or the other!
Leigh xx

Another wonderful DMC, namely Baines & Earnst were originally a DCA according to their website. They probably found "helping" people more profitable!