Statute barred

never-in-doubt

caithgal wrote: »

Further to the info i have already given you in this post he has now recieved a reply:

"We recently informed you that Arden Credit Manangement are seeking to recover the balance outstanding etc. we now require this payment in full or your proposals for a payment plan. please contact us immediately etc etc"

Ok what now? this is definately statute barred and we have sent the statute barred letter in april which they recieved.

Forgot to say this letter came from arden credit management


Help pls xx

Hiya

Its a right royal pain but unfortunately you need to send a copy of the SB letter that you originally sent in April, to the new DCA and just add a front letter with a serious threat for them to get lost before you report them for harassment.

It is SB'd so just ignore them - they cannot do ANYTHING.

caithgal

Tis done. thanks again. will let you know how it goes x

jknowles

Hi,
I wondered if anybody could give me some advice please coz I am getting stressed out by these stupid letters!

I keep receiving letters from Buchanan Clark and Wells debt agency about a debt that's 3 years old but from my understanding this debt is actually over 9 years old.

I have never stated that I owe this debt and have had another different debt agency in 2007 chasing the amount but then stated that it was resolved and that no debt was owing. BCW are now threatening me with court action.

I believe from what I've read in other posts I can write a letter about the Limitations Act 1980 etc but do I send this to the debt agency or the organisation that is insisting I owe this debt? Also do I include this letter about the Limitations Act 1980 etc to BCW and tell them that if the debt is over 6 years old they can not pursue it, considering in their letter it tries to explain that the debt could arise from a previous address.

Many thanks in advance

GeorgeUK

Hi Jknowles

First thing i would do is to make sure that the debt they are talking about really is mine and they aren't trying to get me to pay off someone elses debt. Send the 'prove it' letter (print, don't sign your name) to whoever is chasing you for payment.
http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

If you have not made a payment towards the debt or written acknowledging the debt for 6 years, then it may be statute barred. There is a template letter here you can use if this is the case. If it is statute barred then a DCA does have the right to ask for payment - they cannot enforce the debt though so could not take you to court.
http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

jknowles

Hi George,

Thanks for the advice. I've just sent a letter off to them asking for a copy of the bill, hopefully that might shed some light on it.

If it's statuate barred and they can't take me to court does that mean that I'll keep getting letters from the DCA chasing payment all the time and will it affect my credit rating?

Cheers
Jo

GeorgeUK

Jo, once you send the SB letter to a DCA, they are no longer allowed to pursue you for the debt. They can however sell it on. This means that you may get a letter once a year from a different DCA - you just tell them it's SB (in writing) and that should be the last you hear from them.

After 6 years, as long as there is no CCJ, it will have no impact at all on your credit rating.

Mark_the_owl

This may have been answered within this thread, but it's 10 pages long and I need to get some work done(!!). Towards the end of 2008 I received a letter from RCI Financial regarding an outstanding debt. I rang them and told them that I wasn't aware of any outstanding debt but they continued to bombard me with letters and telephone calls. I took some advice and wrote to them in early 2009 stating that the debt was Statute Barred, and when I didn't receive a reply I wrote to them again. Both letters were sent Special Delivery. Again I received no reply, and since then have had no contact from them whatsoever.

However, I've recently applied for a loan and this debt has shown up on my credit report and the guy I spoke to at the loan company has told me as it's on my report as a default it will stay there for 6 years and this will have an adverse effect on my ability to obtain credit.

I've made other arrangements regarding the loan, but I'm concerned that this default is showing on my credit report. Should I write to the company again asking them to removbe the default off my file or should I write to the Ombudsman?

Thanks

Mark

GeorgeUK

First, have a look at your credit file to see the date of the default. The default should not be more than 6 months after the date of the initial default (when the first payment was missed). If this has happened, you should contact the Credit Reference Agency and the DCA in writing - you need to give them a chance to put this right before contacting the Ombudsman. If they do not do anything within 30 days, contact the Ombudsman and ICO as this is a breach of the Data Protection Act.

Mark_the_owl

GeorgeUK wrote: »

First, have a look at your credit file to see the date of the default. The default should not be more than 6 months after the date of the initial default (when the first payment was missed). If this has happened, you should contact the Credit Reference Agency and the DCA in writing - you need to give them a chance to put this right before contacting the Ombudsman. If they do not do anything within 30 days, contact the Ombudsman and ICO as this is a breach of the Data Protection Act.

George,

Thanks for the reply. The agreement started on 18th June 1998 for 60 months (according to my credit report) and the default placed on my report in November 2008, so it stands to reason the default is more than 6 months after, as in theory the agreement should have finished in June 2003. Can I be really thick and ask what DCA stands for?

It is early you know! :rotfl:

Thanks again.

never-in-doubt

Mark_the_owl wrote: »

George,

Thanks for the reply. The agreement started on 18th June 1998 for 60 months (according to my credit report) and the default placed on my report in November 2008, so it stands to reason the default is more than 6 months after, as in theory the agreement should have finished in June 2003. Can I be really thick and ask what DCA stands for?

It is early you know! :rotfl:

Thanks again.

DCA = Debt Collection Agency mate..... they have to place the default within 6 months of account default date, as they have done it several years later, then you need to contact the CRA's (credit ref agencies) and have them remove it...

Good Luck, do as George says and you'll be fine.