Help please

vanbrugh7

About 5 and a half years ago I had 4 credit cards MBMA £2400, Barclaycard£750, Capital One £1000, GE Capital £1200. The payments for these began to get out of control and to be honest got me very down and in the end I ended up running away from the debts and moved away.

I have heard nothing from any of the cards until yesterday when I received a letter from Hamptons legal representing Lowell Portfolio over the debt owed to capital One. They are demanding payment £409.90 or legal proceedings will be commenced and bailiffs etc. I have no idea how they have tracked me down as I am not on any electoral roll and I am currently living with my mum, who is absolutely going mad about the threats contained in the letter.

Does anybody know what I can do?

kitchen_buff

Yes. contact the company and arrange a reasonable amount to pay each month. But if one has found you so can the others. You know what they say "what goes around comes around".

Gale_10

Hello there,

First of all you need to make sure they are entitled to collect these debts. Its interesting they have found you just before six years are up because after six years, or five if you live in Scotland, your debts are statute-barred, and they cannot be legally enforced.

If they are more than six years old you can send them a letter telling them as the debt is statue-barred you will not be paying it. There is nothing they can do although they will try a bit of emotional blackmail.

If it is less than six years, by your count you said five and a half, then you need to send a letter asking them for a letter of assignment and a cca (Consumer Credit Agreement).

Let me just find the two template letters for you if I can, you can dash both or either of them off the the DCA. Rog2 or RAS have great advice on here about DCAs, if you want to look for their posts.

Gale

Gale_10

kitchen_buff wrote: »

Yes. contact the company and arrange a reasonable amount to pay each month. But if one has found you so can the others. You know what they say "what goes around comes around".

That is not only unhelpful, it isn't even kind. Not the sort of advice we welcome here.

Gale

ordinarybloke_3

Im in a similar situation (Student loan) except Im pretty sure its been 6 years - Ive had a threatening letter too.

Are you in a position to obtain more credit? I once had nearly 4k in debt and was made redundant but I did receive a months notice which allowed me to apply for more credit cards simultaneously and it got the other cc coys off my back when i balance transferred.

I paid them and made minimum payments (with a bit of help from dad) to until i got a new job where I applied for more CC and Balance transferred again on to 0% and paid off the debts over 15 months. I didnt really have anyother money so I got a p/t evening job to get some extra cash.

Since then it has been my aim to never touch cc's again - and its hard to do! Still got one for emergencies but got rid of the rest.

As it is under 6 years - my understanding is you are still liable. However - make them an offer and they might take it (also explaining your situation so that they will see it as preferable to legal action).

I hope this helps you out a little bit. Im sure other people with larger debts than me or more experience will be able to guide you better.

Gale_10

Hello again,

Ok here is a copy of the letter that you need to send with a cheque or postal order for £1. Stress that the £1 is for the administration fee, and in no way an acknowledgment of the debt.

Account number - xxxxxxxxxx

This letter in no way acknowledges that I hold a debt with your organisation or any other.

With reference to the above account, I would like the following information provided to me at your earliest convenience.

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the STATUARY FEE, PO Serial Number XXXXXXXX,.

2. The deed of assignment allowing you to collect this debt

3. A statement of account

I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.


Yours sincerely,


Don't sign your name, print it, because these DCAs have been known to forge a signature.
Then you have to wait the 12+2 days for a reply. If you don't hear anything in 14 days, then the DCA is in default and you do not have to pay anything. If they do not respond in another 30 days then they are actually committing an offense, and you can then really start on the war path, by reporting them to various organisations.

There is another letter you can send after this, but send that one off and see what is said in the first instance, come back on here and we will help you sort it out.

Or, if you find that the debt is over six years old in England or five years in Scotland, then there is another template that I will find for you. Could you let me know if you are in Scotland please? There is a different legal act to quote if you are.

Gale

vanbrugh7

Thanks for you replys.
I am in england so thanks for the letter.
A couple of things though.
Any idea why the debt is less than the amount was 5 years ago?
I have checked my last contact with capital one and my last payment was dated 27/2/2002.
Is it possible that they have 'chanced' that i am living at my current address based on an old electoral register ?The reason i ask is that i have only just moved back and temporarily at that, although i have lived here before back in 2001. Is it worth a return of letter from my mum/dad stating that i do not live here?

itsnever2lateisit?

The only concern I have for you is that you have not been on the electoral role. Your creditors or their representatives might claim that the Statute Bar can be waived because you 'deliberately' hid from you debt by moving away and not leaving a forwarding address nor registering on the electoral role where you could be linked to your previous address.

Even so Gale_10's advice is good and you should send the letter. If they disagree and claim that its irrelevant they must ask a court to agree with them, in other words they cant just continue to demand payment.

I post this just incase your hopes are dashed, and I wish you luck for a positive outcome

Gale_10

Vanbrugh,

You know what? If your last payment was all that time ago, your debt is very nearly statue barred. If it was me I think I would maybe risk your parents sending it back not known at this address. In fact I would personally do anything to delay the situation while not paying or acknowledging the debt until after the 27/2/2008 when I would simply write to them and say its statue barred. There are people on here who would say that is wrong, you have a moral obligation to pay - but I am not one of them. I would just keep quiet for the few weeks until you can forget it forever. You can use the letter template above to do that if you like........or just stay out of their way. Its a last ditch attempt to get you to pay up.

Gale

minxy33

Hi many yrs ago i was married and i took a credit card out with barcleys, the marriage failed and at the time i did make small repayments due to situations, but i have not handled that debt in a good 9 yrs infact they are still chasing my married name! I have read on here about if the debt is 6yrs old etc but what do i do as it is certainly way past stature-barred, do i just ignore it or do i need to write and say its bared and an obserlette debt i would really appriciate your help thank you.