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advice needed

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  • RAS
    RAS Posts: 35,514 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    John

    have to go, but

    Consumer Credit Agreement - sign copy thereof must be produced before a debt can be chased in the court or a note placed on your credit record.

    Statute barred - 6 years from the date when the debt was last paid or acknowledged in writing (by you). The only proviso for provident would be if they had a CCJ but then you could challenge it if you were previously unaware.
    If you've have not made a mistake, you've made nothing
  • can prove when i moved into my new house by tenants agreement signed when we took over tenancy
  • Hi. This is my first post so apologise if i am covering old ground. I have searched the forum but just need clarification on some issues with my situation. RAS maybe you can help.

    (BTW this is a fantastic forum-it has proven to be an immense help since i discovered it!:j)

    I recieved a demand in May 2006 for a debt originating circa 1998 from Debt Managers. Nervous due to the threatening natuture of the letters and unaware of the Limitation Act (or this site) I proceeded to call them and arrange a monthly repayment programme. By the end of 2006 i stopped paying due to difficulties and ended up moving house. Suffice to say i didnt inform them of my whereabouts and eventually i recieved another letter (Sept 2007), this time from Buchanan, Clarke & Wells (representing Aktive Kapital) at my new address demanding payment.

    By this time i had become aware of the Limitation Act and sent them the 'Statute barred' letter. A reply came back saying that the file had now been closed and the matter returned to their client.


    AK then write in the new year with a more conciliatory letter 'we would like to start the new year with offering you, blah, blah........special offer discount.......etc etc.

    I penned another 'statute barred' notice and fired it off. AK replied stating that this debt does not fall under the limitation act as the last payment was made late 2006 and they look forward to recieving my proposals for payment.

    What to do guys? Am i to bite the bullet or is the Limitaion act still viable??

    Many thanks in advance.
  • RAS
    RAS Posts: 35,514 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ABCD

    Don't you love them. rog2 is better on statute barred than me, but he is away this week.

    But on the basis of his posts, the situation is a bit more complex than AK suggest.

    The debt originated in 1998, but when did you stop paying it or last acknowledge it, prior to May 2006?

    If there was a gap of six years at that stage, then it is statute barred. Once 6 years elapses, then it remains statute barred, even if you start paying again because they DCA have misled you about the legal situation.

    The 2006 payments are only relevant if the gap prior to May 2006 was less than 6 years. They have get to prove that.

    If they were able to, then I would suggest a CCA letter.
    If you've have not made a mistake, you've made nothing
  • Praise the Lord! I think im in the clear. Thanks for clearing that up for me....much, much appreciated for the uber-quick reply and advice.

    No contact whatsoever made with anyone regarding the alleged debt prior to March 2006 (Not May as stated earlier, sorry). No aknowledgement or payment made before 2006. I stopped paying even before it became a debt if that makes sense.

    So what course of action shall i take now? Another statute barred letter explaining that it's STILL barred because of x y z or asking for for CCA or just ignore the bar-stewards.

    Thanks again.
  • would just like to thankyou RAS for your advice yesterday have sent off cca letter today.God bless you.
  • RAS
    RAS Posts: 35,514 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ABCD wrote: »

    No contact whatsoever made with anyone regarding the alleged debt prior to March 2006 (Not May as stated earlier, sorry). No aknowledgement or payment made before 2006. I stopped paying even before it became a debt if that makes sense.

    So what course of action shall i take now?


    Go to the OFT web-site and find the inforation on debt collection practice - link near the bottom of the first page and then near top of second page; when I link to the pdf it seems to fall over a lot. Read page 13 on statute barred debt and quote it to Debt managers (I am assuming you are in England and Wales). In scotland the law is different but the time limit is 5 years.

    Office of Fair Trading, Contact page: http://www.oft.gov.uk/advice_and_res...ase/legal/cca/

    Include this in a letter explaining that it's STILL barred because of x y z there was a priod exceeding 6 years prior to March 2006 and point out that they took advantage of your lack of knowledge of the law and that continued contact...blah,blah.

    I would check this out with someone like the National Debt Line for safety sake (I am an amateur). Add that you will be reporting them and demand that they remove all reference to you from their records under the data protection Act.

    When that is done and dusted, write to the TS office closest to the address of DM and to the CSA.


    Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
    -Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

    Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

    You might also have a moan to

    Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,514 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    would just like to thankyou RAS for your advice yesterday have sent off cca letter today.God bless you.

    You are welcome.

    let us know if you have any problems.

    A number of OPs get amazing offers and or threats in response to CCAs. Other DCAs curl up and admit there is no liability.
    If you've have not made a mistake, you've made nothing
  • RAS - big thank you for all the help you have provided.Much appreciated!
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