We feel harassment - advice please!

Karonher

I do not admit any liability for your claim AS IT IS STATUTE BARRED. may be more appropriate.

It is worth remembering that if it is your husbands debt then they can still ask you to pay, they just cant go to court or force it.

sourcrates

Miss_Annie wrote: »

I do have a question. I have now down loaded the letter and filled in the missing parts and printed it. It is ready to be post tomorrow morning.

In this letter it is saying "I do not admit any liability for your claim" but going back a month ago when it was agreed a payment of £5.00 per month to be paid a letter was also sent confirming this arrangement.

By agreeing and then this letter of disagreeing can this company take hubbie to court because he agreed to making the payments.

Would this put us in an even bigger mess?

Hello again,

A month ago, when you made this arrangement with them, you were unaware this debt was, or maybe statute barred, so you were unaware of your true position.

Now you are aware, your position has changed.
Nothing you have done can alter the fact that, once a debt becomes statute barred, it remains that way in perpetuity, forever, and cannot be unbarred by anything you say, or agree too.

They may try to fob you off that by agreeing to an arrangement you admitted liability, but as the debt was already time barred some 5 years previously at that point, anything you have stated or put in writing, cannot be held against you.

They will be perfectly well aware the debt is time barred, and, once you have confirmed this in writing to them, that should be the last you will hear off it, by the way, the letters you are receiving are all sent in sequence, and are computer generated, debt collection agencies like quick turnarounds, so they will always run through there standard range of template letters with you regardless of what you may tell them.

Miss_Annie

Sourcrates. Thank you so much for your advice.

It just goes to show just how much you don't know about these things, your very easily taken in with all their jargon plus their nice telephone manor.

I will be sending the letter Monday morning by recorded delivery.

sourcrates

Miss_Annie wrote: »

Sourcrates. Thank you so much for your advice.

It just goes to show just how much you don't know about these things, your very easily taken in with all their jargon plus their nice telephone manor.

I will be sending the letter Monday morning by recorded delivery.

No problem.


Please keep us updated, just incase they may get silly with you, any further help you need, just ask.

Andyjflet

I hope this works out for you, can I make a point off topic please.

You mentioned in a previous post that your husband doesn't have a bank account etc. I personally think it might be a wise move to ensure you both know going forward, should anything happen to you, where things are etc.

I would hate to think of your husband having financial issues with unpaid direct debits for council tax etc and unable to stay in your home.

Make sure you safeguard all this and put something in place for both of you.

Miss_Annie

sourcrates wrote: »

No problem.


Please keep us updated, just incase they may get silly with you, any further help you need, just ask.

Hello Sourcrates,

Just to update you on what has now happened so far.

We received a letter from the company saying that they have removed the account from their files and returned the case to their client.

All good so far, until today!

Received a letter today which we found a little confusing. The letter heads are saying Barclaycard but their talking about a company called Hoist Finance UK Holdings, have no clue who they are so I googled the name and wow, their address only comes up the very same as the company who contacted us in the first place.

When reading through the other papers I got more confused because the previous arrears is nil but then charges are added each month. so you can understand I have scanned them all for you to view.

Not sure what to do now, do we just ignore it???

Your advice again please. Thank you

I am having problems in adding the scanned letters, it won't let me do it. It won't let me copy and paste either.

So sorry but I will have to copy type some of it in the best I can:

Letter one:

Looks like a standard computer generated letter saying they made a mistake with some statutory notices.

Letter two:

The effective date of this notice is 18 may 2010
15/03.10 Previous arrears 00.00
19/04/10 Minimum payment 41.19
18/05/10 " " 61.60

Letter three:

As above but with the following figures

18/05/10 Previous arrears 36.00
15/06/10 Minimum payment 80.61
15/07/10 " " 100.30

Letter four:

As above but with the following figures

15/07/10 Previous arrears 72.00
16/08/10 Minimum payment 120.76
15/09/10 " " 142.83

The remaining balance outstanding £715.06

I really don't understand if the arrears is £0.00 then where the hell has £715.06 come from.

I have done nothing at the moment, just waiting for your reply.

sourcrates

Hi,
I will respond in more detail tonight, check back later.

sourcrates

Ok, so you sent the statute barred letter, and the collector responded by returning the account to their client, who, it turns out, are Hoist.

The statement they have sent you is pretty much irrelevant really, as the last date on it is 2010.

As you only started paying this debt a month or two ago, the debt would have become statute barred some 3 years or so ago, and any payment made after a debt becomes statute barred, does not restart the time clock, once barred, always barred.

Well, you have a choice, you can either leave things as they are, and if Hoist try to start legal action, you can defend it on the basis of it been SB, that is a full defence to any action.

Or, you can write back and reiterate the debt is statute barred, and ask them to confirm this is the case, and that no further correspondence will be entered into with regard to this account, it’s up to you, either way, you can ignore any further letters from them unless they say they will start legal action, in that case you would defend on the basis of what I’ve said above.

Miss_Annie

sourcrates wrote: »

Ok, so you sent the statute barred letter, and the collector responded by returning the account to their client, who, it turns out, are Hoist.

The statement they have sent you is pretty much irrelevant really, as the last date on it is 2010.

As you only started paying this debt a month or two ago, the debt would have become statute barred some 3 years or so ago, and any payment made after a debt becomes statute barred, does not restart the time clock, once barred, always barred.

Well, you have a choice, you can either leave things as they are, and if Hoist try to start legal action, you can defend it on the basis of it been SB, that is a full defence to any action.

Or, you can write back and reiterate the debt is statute barred, and ask them to confirm this is the case, and that no further correspondence will be entered into with regard to this account, it’s up to you, either way, you can ignore any further letters from them unless they say they will start legal action, in that case you would defend on the basis of what I’ve said above.

Thank you so much. We both feel a lot happier this evening.
We are both very grateful for all the advice you have given us.
We are going to leave it for now and see what happens.

Thank you