Being chased for a debt from 2002 - what do I do???

joncarpet

Got a letter back from them which is exactly the same as the one they sent me in feb saying that its been passed on to their Process and Compliance Team. It also came with a leaflet on their complaints procedure.
it says that once someone has raised a query with a debt that they are chasing then no further action will be taken until it is resolved. - we'll wait and see if that is true!!!

something i forgot to mention earlier was they told me on the phone that they bought the debt in January 2002 and they didnt contact me until Feb 2008, therefore over 6 years.

fermi

joncarpet wrote: »

something i forgot to mention earlier was they told me on the phone that they bought the debt in January 2002 and they didnt contact me until Feb 2008, therefore over 6 years.

In that case the debt is Statute Barred, and there is nothing they can do whatever they decide.

From a previous post of mine (saves typing).

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

joncarpet

thanks for all your help guys.
Just got a letter from the Process and Compliance Department of Wescot thanking me for raising the issue and that they were acting in good faith with the information that they were given.
They've now updated their records and the account has been closed.

thanks again!!

AGB863

It pays to persevere!!!!!!

How many people would have given up and made a payment therefore making the debt live again?:beer: :beer: :beer: :beer: :beer:

Laney08

A debt collector has NO LEGAL STANDING IN THE MATTER BETWEEN YOU AND THE BANK. try this letter


Your reference: 1234

Dear Sir/Madam,

Thank you for your letter dated the /2008.

“We are instructed by GE Capital Bank to collect the above debt which is now seriously overdue”

I can confirm and affirm that this is an incorrect and not a true statement of fact.

Thank you for your dishonor. I conditionally accept your notice. However I must attach some conditions to this letter and ask that you notice my ‘notice’ noticing your ‘notice’.

Please notice the following:

If you feel that I owe you some money, please send an invoice, stating what I owe containing an original ink signature on it from you or a representative of your company.

Please provide you proof of Claim and Loss – ie. Show me your accounts ledger.

Could you provide a valid contract or proof of claim, with original signatures on it. A contract between JOE BLOGGS and WESCOTT.

If you are unable to do so, then I insist that you cease all communication with my good self. I must point out that I charge £200 per hour for my time and my time is precious to me. 1 letter = 1 hour, 1 phone call = 1 hour etc.
Failure to provide a lawful claim, or signed invoice will confirm that we have a contract and that you promise to settle any invoice relating to this matter.
Failure to provide any of the above will be a confessesion of judgment in regards to all matters contained within, and you are estopped by judgment and estoppel in pais.

I must point out that in response to your letter, I am sorry but as you are a third party, you have NO LEGAL STANDING IN THIS MATTER, and I must decline any further communication as I am dealing with GE MONEY direct and have previously settled this account in full. Be advised that any negative change in my credit file that is contributed by your company is on your full commercial liability.
Any legal action you may try to take against me will met by the following:
Counterclaim with extreme prejudice against all parties involved, followed by a Maritime Lien and then a Liquidation Order.
Please have no doubt of my intentions

Yours sincerely and without prejudice




Sign letter with blue ink and always send by recorded delivery and write the reg post number on top of letter.
I have dealt with these Wescot Bullies before just keep sending same letter then hit them with an invoice for £ - however many letters/phone calls u have had to make - they will run for the hills.

Laney08

:beer: A debt collector has NO LEGAL STANDING IN THE MATTER BETWEEN YOU AND THE BANK. try this letter




Your reference: 1234

Dear Sir/Madam,

Thank you for your letter dated the /2008.

“We are instructed by GE Capital Bank to collect the above debt which is now seriously overdue”

I can confirm and affirm that this is an incorrect and not a true statement of fact.

Thank you for your dishonor. I conditionally accept your notice. However I must attach some conditions to this letter and ask that you notice my ‘notice’ noticing your ‘notice’.

Please notice the following:

If you feel that I owe you some money, please send an invoice, stating what I owe containing an original ink signature on it from you or a representative of your company.

Please provide you proof of Claim and Loss – ie. Show me your accounts ledger.

Could you provide a valid contract or proof of claim, with original signatures on it. A contract between JOE BLOGGS and WESCOTT.

If you are unable to do so, then I insist that you cease all communication with my good self. I must point out that I charge £200 per hour for my time and my time is precious to me. 1 letter = 1 hour, 1 phone call = 1 hour etc.
Failure to provide a lawful claim, or signed invoice will confirm that we have a contract and that you promise to settle any invoice relating to this matter.
Failure to provide any of the above will be a confessesion of judgment in regards to all matters contained within, and you are estopped by judgment and estoppel in pais.

I must point out that in response to your letter, I am sorry but as you are a third party, you have NO LEGAL STANDING IN THIS MATTER, and I must decline any further communication as I am dealing with GE MONEY direct and have previously settled this account in full. Be advised that any negative change in my credit file that is contributed by your company is on your full commercial liability.
Any legal action you may try to take against me will met by the following:
Counterclaim with extreme prejudice against all parties involved, followed by a Maritime Lien and then a Liquidation Order.
Please have no doubt of my intentions

Yours sincerely and without prejudice






Joe Bloggs

Verified by________________________________________


Verified by________________________________________


Verified by________________________________________
Sign letter with blue ink and always send by recorded delivery and write the reg post number on top of letter.

also get 3 separte poeple to verify your signature
I have dealt with these Wescot Bullies before just keep sending copies of same letter then hit them with an invoice for £ - however many letters/phone calls u have had to make - they will run for the hills.

If anyone wants to know the real deal about loans/credit/mortgages you should google Winston Shrout - solutions in commerce

P.s i have no financial gains from this except trying to get the people how to opperate correctly in commerce and therefore stick one to the BANKS!!!!!!!

joncarpet

not sure i see where the letter is going Laney???

and why would i follow with a Maritime Lien? I dont have a boat!!!!

A maritime lien is a claim against a boat for non payment of goods or services supplied to a boat /QUOTE] http://http://www.marineliens.com/MaritimeLiens.asp



The account is closed and thats all I need to know.
and it is definatley worth perseveering!!!