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

fubar_2

Bear,

Write back to them stating that you are denying them access to yours / girlfriends estate in relation to this disputed debt, should they themselves or any agent acting for them attempt to gain access to the estate, then they will be ignoring your denial of access and you will take legal steps to sue both them and their agents for trespass.

or words to that effect, that should protect you as they would not be able to gain access (this includes walking down your garden path) without either your consent or a court order to do so.

TRESPASS

As applied to a piece of land open to the public which is not common land or a public right of way. This is also one area where the laws of England and Scotland are significantly different.

If you enter land against the wishes of the landowner, or if you stray outside an area to which you are allowed access, or if you use land in a way which you are not authorised to do, you become a trespasser. Ignorance of that fact is no defence under this law.

Any person can enter a public park, because the landowners permit it. However, this does not make a permanent right of access, and therefore it is within the power of the landowner to ask any person to leave. The landowner does not have to give a reason. If the person does not go, as quickly as possible, by the shortest obvious route, then they are trespassing. Despite the well known sign "Trespassers will be Prosecuted" trespass is not a criminal offence, and trespassers cannot usually be prosecuted. They can, however, be sued.

Harassed_2

Much simpler solution. If ANY debt collector calls, use two words - second word being OFF. They have NO right of access UNDER ANY CIRCUMSTANCES.

If they don't leave, call the Police.

tinalives

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smcaul

You have to be careful with Trespass as having a letterbox is an implied invetation for someone to enter onto your property. If you write to them you must make sure you include the fact that you are withholding the right for them to enter on to your property and that having a letterbox gives them neither implied nor expressed rights to enter the property bounderies.

BWZN93

tinalives wrote:

Hi Jo! (and everyone else!) Happy New Year!

I've just contacted Experian and the default has been automatically removed from my file!!!! Absolutely over the moon!!! I've just ordered my report from Equifax so that I can make sure it's been removed from that one too.

Thankyou to everyone who has given advice and support on this thread - you've been fantastic!

:j

My OU course starts next month - I received my first batch of course materials just before christmas. I'm really excited, but nervous too!

Things are looking up (touch wood!)


.

Im really pleased for you and glad it all worked out well for you! Good luck with the course, im sure you will really enjoy it. If I can be of any help then pm me as I did the social science and the law course and still have notes somewhere!

Jo xx

tinalives

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Harassed_2

Nice one, Tina. Pleased for you.

Karma67

Excellent news tinalives!!! :beer: :beer: :j :j :j :j

phatbear

Well a new year and a new letter threatening to sell my children if I dont cough up for a debt which is now statute barred.

Anyway heres the letter which im gona send back by recorded delivery first thing monday:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of The Bear Cave, will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

What do y'all think, its a mish mash of different posts but im hoping it will get the job done. One other concern is when I send them a £1 cheque for my proof could they later claim that this was a payment towards the debt and thus acceptance of said debt, your thoughts please.

Ta for now

The Bear

tinalives

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