HELP! - Re: The 6 year rule....

System

Hi Tinalives

Just read the entire thread in one go (with a little skimming!) - do I get a cuppa now?!

You've had some great advice - hope everything works out OK for you.

I think the moral issue of not repaying the debt when the law is on your side will always be a hot potato on here. Without wishing to start any arguments, I think you should ignore the moral concern, and agree with others who say you should fully exploit the law when it's on your side.

To satisfy any "moral duty", then in future, if you ever find yourself flush with cash, why not make a charitable donation to a worthy cause "in lieu" of the original debt?

Remember that most profitable businesses have very few moral concerns (ever heard the phrase "Sorry, it's nothing personal - it's only business!" )


I can't add anything new to the advice I've seen except this:-

Xbigman wrote:

Don't pay it back. My view is that these companies use every rule, trick and law to their advantage to screw us, so we should do the same back to them.

Looking at your update, I think they have deliberately misunderstood to confuse the issue. If I were you I would now ignore them. They can't do anything and they know it. Just bin anything they send. And certainly don't send them anything as proof of who you are. Its now up to them.

With respect to Xbigman, I'd disagree with binning correspondence.

Reason - By keeping all letters rec'd from them, you've got written proof should you ever pursue a harassment case.

Regards
Dave

tinalives

.........................

sportbeth

Yay! I am pleased for you. I think stuff the moral issue. In terms of the original creditor getting anything, it would have now gone around so many DC's that it's got no connection with the original company regardless.

If you do feel bad at all (and there is no reason why you should) why not do a good deed in January like giving something to charity. I think a charity close to home would cancel out any Karma due from a debt collector! :T :T :T :T :T :T :beer: :T :T :T :T :T :T

phatbear

Chaps/chapettes.

Thanks to some post placed on here I wrote to the debt collecting agency who was chasing me for an outstanding credit card bill.

The 1st letter was sent to Capquest, recorded mail and it was received on the 7th Oct, however in the mean time they had passed this debt on to Keepe and Partners (solicitors), who oddly enough share the same buis address! so again the same letter i sent Capquest I sent to Keppe and partners, this time enclosing a £1 chq for them to prove I actually owed the money.

All was quite and I foolishly mentioned to Mrs Phatbear that I had'nt heard anymore about it in over a month and the next day I receive a letter, odd that.

The letter reads as follows:

Dear Mr Phatbear

PERSONAL VISIT UNIT

Your account has been passed to this unit for a personal visit to be made by our doorstep agents, scotcall ltd, due to non-payment/compliance.

To avoid further charges being added to your account it is essential that you make contact with this unit to discuss an appropriate time for an agent to call upon you.

If an immediate response is not received an agent will be dispatched and will call at the above address between the hours of:

7-00am -9.30pm Monday-Friday
7-00am - 5.30pm Saturday

The doorstep agent is instructed to collect the amount due and to compile a prpoerty asset report to assist in legal action, which will be undertaken, if not satisfactory response is recieved.

All agents carry id and receipts for payment will be issued on request.

Yours blah blah blah!!!

Anyway this now has Mrs Phatbear scared cos I work shifts and she worries that they will come knocking when shes in with the little bears.

One more point regarding this is the debt itself is over 6 years old and no longer appears on my credit report and therefore is statute barred. I personall want to ring them up and tell them to take a long run down a short pier, but im sure someone on here has a better solution to this.

One other issue if Mrs Phatbeatr is on her own and she opens the door wot rights of access do they have, of course if im here they have to come thru me but im concerned for here well being.

Thanks for now


The Bear

sportbeth

I'd double check on a couple of these points but I think:-

1) double check that you haven't made any payments in that 6 years, it could drop off your report but if you have paid or acknowledged any part of the debt you could be still liable.

2) if it hasn't gone to county court yet, you are not obliged to let a doorstep collector in. You can tell them that you insist that all correspondance is in writing and any further approaches will be considered harassment.

You might have to leave them on the doorstep argueing which is a tad embarrasing if a neighbour sees it, but it's better than letting them in when/if they are not entitled to come in.

On the whole these people work on intimidation and the hope that people don't understand their rights. Check on the OFT regulations for debt collectors and it will advise you.

Chances are if you're telling them you are going with the 6 week rule, the doorstep visit is a last ditch scare tactic

System

Phatbear - following on from Sportbeth's reply, this is taken from the CCCS's "An Insight Into Legal Matters" and may be of help.

"Debt Collectors have no legal right to enter your home and they cannot legally remove goods. Report any undue harassment to your local Trading Standards Department."

If a CCJ has been obtained, and you fail to keep to the payments, a creditor can apply to the court for a Warrant of Execution, enabling County Court Bailiffs to visit your home.

Another direct quote:-

"What Are County Court Bailiffs Allowed To Do?

Although bailiffs are only used as a last resort, they have a right to seize goods to the value of the debt plus costs. They will not take basic household goods but they may take your car if it is parked nearby.

You do not have to let the bailiffs in. However, they can legally enter through any open door or window. They can break in only if:

* They have entered previously for that particular debt

* They are recovering debts owed to the State (eg. Income Tax or VAT)

Even when bailiffs call, it may still be possible to negotiate satisfactory terms for payment with them. Or you can use court form N245 to request that the Warrant be suspended and to make an offer that you can afford (there is a fee of £30 which you can apply to have waived in cases of hardship using court form EX160)."

If you need help with legal matters, try https://www.clsdirect.org.uk - call them on 0845 345 4345

Also, the CCCS should definately be able to help - call them on 0800 138 1111.

Hope that helps - Good luck!
Dave

phatbear

Ta for the reply sportbeth and dave

Well im sure i havent paid a penny to them in over years, the only "correspondence" they possibly could claim was when they use to write to me at my mums address she would send them back as "no longer at this address" which was true because I was on the other side of the world at the time.

I agree with them using this as a scare tactic but im hoping that now Mrs Phatbear can see someone else saying it rather than me, she may begin to believe it.

All the best

The Bear

fatbelly

If you have stated that you believe the debt is statute barred, the onus is on the creditor to prove otherwise. If they cannot do this, then The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

You could remind them of this, and/or report them to:

Office of Fair Trading
Fleetbank House
2 - 6 Salisbury Square
London
EC4Y 8JX
Tel No: 0845 7224 499
https://www.oft.gov.uk

Trout69

tinalives wrote:

Thirdly, let me get this right - are you saying that if you had a debt which was classed by the Limitations Act as being 'Statute Barred' you would just pay it anyway (even though you were absolutely broke) just for the sake of taking the moral highground?

I completely agree with what you are saying here, unforseen circumstances can easily deem your expenditure higher than you income. In my experience the companies that you get constant communication from, are higher on the list (and fresher in your mind) than lose that leave you to your own devices for years.

I'm not saying that i condone borrowing and not paying back, but i completely side with tinalives here, with regards to the 6 year rule.

Regards

Donna

BWZN93

Bumped!

Interested to know how everyone got on with their not acknowledging old debt!

Tinalives, please let us know if it dropped off your report, id love to hear a happy ending to your story! Hows the OU course going too?

Jo xx