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

Xbigman

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.
Regards



X

tinalives

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itsarichmansworld

Tina I dont have any concrete advice as I dont have dealings with the 6 yr rule yet! possibly soon though ha ha

But I just want offer some support as I saw what a few people wrote and I thought how awful.

We're all suppose to be here to help each other and yes in a perfect world we would love to pay off debts in fact never touch debt ever!

So to all the nasties out there who had a go at tina remember sometimes circumstances get out of control and we have to do our best and if it means screwing these damn companies who lets face it dont mind screwing over us then I say go for it DONT PAY IT barclaycard charge up to 30% interest on there cards there making enough!!!!!!!!!!!

chin up girl! x

phatbear

Ok Ive just received this letter, oddly enough its not from the same company that initally sent me the letter, but from there legal partners, oooh!

Oh here goes:

FOURTEEN DAY LEGAL NOTICE

Dear Phatbear

In the matter of CAPQUEST DEBT RECOVERY

ETC
ETC

Further to our letter dated 03 OCT 05 it is noted with regret that you do not wish to settle this matter without further action being undertaken by this firm.

TAKE NOTICE: That if you fail to repay this account by 25 Oct 05, a legal review will be initiated and one of the following actions will take affect:

Immediate legal proceedings: Cost of £195 will be added making this amount due XXXX, daily intrest will accrue.

Should the claim not be not be satisified or responded to, a Judgement could be entred against you , which would add further costs, If no payments is forthcoming after the statutory twenty eight days has elapsed since Judgement, Enforecement will be undedrtaken, angain with a further costs being added, If a property is owned or mortgaged we will pursue a charging order strategy.

OR

We will instruct our Doorstep Collection Agency, Scotcall, to make a personal visit to your property.

This will primarily be to effect collection of this account, if however the account is not paid or an arrangement made to settle the amount outstanding then a status/asset report will be made by the agent. This report will determine which course of legal action should be undertaken.

No contact will mean further action. Act now to save the possibilty of further costs being added

etc etc etc .

Ok now some background, i sent them a letter on the 5th Oct recorded delivery and they received it, the letter mentioned the fact that the debt was long past due, it doesnt even appear on my credit report anymore and the account has seen no action since april 98. One other thing I put in the letter was that it had been delivered to my better halfs address and not my address, and stated clearly that any contact with me at my girlfriends would lead her to contact the police regarding the harrasment, and guess where they sent the letter, yup youve guessed it to my girlfriends.

So chaps what should i be writing back to these people, im all for phoneing them and telling em to take a jump but thats just me, lol.

Any help would be appreciated.

Ta for now


The Bear

tinalives

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file_wizzard

phatbear wrote:

Ok now some background, i sent them a letter on the 5th Oct recorded delivery and they received it, the letter mentioned the fact that the debt was long past due, it doesnt even appear on my credit report anymore and the account has seen no action since april 98. One other thing I put in the letter was that it had been delivered to my better halfs address and not my address, and stated clearly that any contact with me at my girlfriends would lead her to contact the police regarding the harrasment, and guess where they sent the letter, yup youve guessed it to my girlfriends.

So chaps what should i be writing back to these people, im all for phoneing them and telling em to take a jump but thats just me, lol.

Any help would be appreciated.

Ta for now


The Bear

Looking at the previous posts this debt became statute Barred in April 2004 ?

If this is the case respond to the letter stating again that you do not acknowledge any debt and that it is now statute barred in line with the 1980 limitation act

The only course of action this will leave open to them is to issue a claim form with a view to obtaining a CCJ. You should then respond to the claim form explaining that it is statute barred and no further action should be taken by the court

Harassed_2

Copy letter here you can use:

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would 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.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

(Your signature)

http://www.nationaldebtline.co.uk/

http://www.lawcom.gov.uk/docs/cp151apa.pdf

bbruce

This thread has gone quiet!
I'd better keep quiet too!!

tinalives

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bbruce

So it could be a very merry Xmas for you!