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Statute barred

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Comments

  • rsc
    rsc Posts: 15 Forumite
    The problem I have is that the dca have alledged I made a payment in 2004, so I would need to wait until March next year before I send the statute barred letter as I need to wait 5months before I can pass the Statute Barred letter or at least wait 3.5 months before I ask for proof :-(
  • you could report them in any event to the Data Protection Commissioners office. I've had to do that as MBNA, on receipt of a request from me for a CCA, kindly sent me someone elses credit card statements.

    I've had fun and games with a company called EOS who have a very impressive website but whose behaviour is unbelievable- totally ignoring correspondence I've sent to them using recorded delivery, telling me no payments were made when payplan sent the payment EARLY -then sending out threatening letters- so I've shopped the nutters to Trading standards- just give as good as you get, most of them are hoping the public will be ignorant of their rights.
    now debt free and determined to maintain good spending habits and build savings
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    I'd suggest removing any personal details and email addresses from the post rsc.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • rsc
    rsc Posts: 15 Forumite
    Whoops, how can I remove my last post?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    rsc wrote: »
    Whoops, how can I remove my last post?

    Hi, Martin’s asked me to post this in these circumstances: Sorry, the personal details/email address you posted on the forum have been removed (please see this rule). If you have any questions about this policy please email [EMAIL="%20abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • rsc
    rsc Posts: 15 Forumite
    Thanks for removing that.
  • rsc
    rsc Posts: 15 Forumite
    cheesedoffwithdebt

    I have reported them to the Information Commissioners' office regarding sending alledged financial data with my name on the top and then speaking to someone other than myself regarding it on the phone.
    They sent me an email saying that they are sorry and are looking into it basically.

    What do you think my next move should be as I'm inclined to wait to see what else they send to me in the post before asking them to possibly prove what they are alledging
  • I have received a letter from Telogram (acting on behalf of Capquest) who are wanting me to confirm I lived at an address ...

    I did live their about ten years ago and I know that i owed Abbey National approximately £3000 from that address ...

    I have had no correspondence about this debt up until now and I was wondering if this was also covered under the statute barred scenario ... ?

    I have made no contact with Abbey or any of their agents since I moved out of the address and have never had any correspondence relating to this since I moved out ( i have actually been at 4 different addresses in the last ten years).

    As no payments have been made and no correspondence entered into should i ignore the letter as it appears to be a fishing letter ?

    They are saying if i do not contact them beofre a certain date they will forward it to their investigation dept ? should I be worried or can i use the statute barred defence ?

    Any help would be really appreciated ......

    Thanks,

    Mackie
  • Hi, I'm a complete forum virgin so please bear with me! :o

    My dozy DH received a letter from TELOGRAM this morning. The letter was asking to confirm that he now resides at the given address, and that he had to call them to verify this. They also had his address from 18 years ago!

    When I got home he showed me the letter, and knowing he was useless with money in his younger days, he admitted that he may be owing money to Abbey from around 20 years ago. Abbey can't have too much of a problem with this as we have a mortgage with them now!!!

    DH also admitted that he had called TELOGRAM and confirmed his address, phone no's and dob. :eek: I thought the letter was very iffy, so googled Telogram, and here I am now bracing myself for a barrage of phone calls, and threatening letters!!

    From reading previous posts it sounds as though any money owed is 'statute barred' so I am going to send the template letter off on monday, disconnect the phone and hope for the best!

    Please let me know if there is any more that I need to do/know about this matter!! :T
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Dpmac, if you have made no payment towards the debt for 6 years and not acknowledged the debt in writing during that time, the debt is statute barred (unless it was for a mortgage or similar contract under seal).

    Pootlemum99, as with DPmac's case, the same will apply to your husbands old debts. There are template letters on the board if you need them, but tell your husband he shouldn't confirm anything other than his name over the phone. There are lots of fraudster about that may use the phone to get information.

    No need to disconnect the phone. If they call, just tell them that the debt is statute barred. If they start to go on about it you can remind them that the Data Protection Act states that they shouldn't be discussing his personal details with anyone else and they are in brach of the Act.

    Just try not to enjoy it too much.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
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