Final charging order on jointly owned property

RAS

Ok

Have a look here (ta rog2)

Check out the following link:

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

If you are happy that your 'debts' meet the criteria, then simply send them the template letter and stop making any payments.
They will, obviously, try to tell you otherwise, but they will be unable to pursue a 'statute barred' debt through the courts.
If they continue to 'harrass' you, report them to the Trading Standards as they will be acting in direct contravention of the OFT Guidelines for Debt Collection:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

kel123_2

Finally we got there but I would (just to satisfy your own mind) have a troll throgh the lists as Ras suggested in post 5. Remember it may have been before you met him and been delivered to another address. Once your satisfied send the letter off to 1C and wait if they contact - if not forget it. If they continue (they may, DCA's love to threaten people into paying) then send the letters off to Trading Standards and the Office of Fair Trading Via the Office of Consummer Affairs.

pamril1

RAS your a gem thank you soo much

RAS

no pamril

Just very very cynical after spending time "talking" to loads of people who have been on the receiving end of this sort of letter, which make vague references to legal consequences that could only happen way down the road, or even are legally impossible.

They can give consideration to applying for a charging order on the moon, but it is not going to get far in a court of law.

These letters are designed to panick people into paying before they have taken legal advice. We must talk to several recipients of similiar scams each day on here

It is vital that your partner check his credit record and make sure this debt is over 6 years old (note the default might be more recent) and check in case a CCJ does exist.

Then get that statute barred letter off. Once he has sent that, pursuing him further without proof of acknowledgement within the 6 years is in breach of the OFT Guidelines and as you now realise there are no legal action they can take.

Got to go. Best luck to you and the wee one.

Remember to come back here if any more frights occur.

pamril1

JUST WHEN YA THINK YA GETTING SOMEWHERE!!!!:mad:
Recieved a letter from 1st Credit this morning (in responce to the statute barred letter I sent) reading as follows:

I refer to your recent communication advising 1st Credit Ltd that you have a dispute/query in relation to this debt.
We will shortly be contacting our client to advise them of your comments.
We will contact you with our clients reply in due course. This process may take at least one month.
Unless you are querying the full balance we must ask you contact 1st Credit Ltd immediately to discuss payment of the debt amount you accept is due and payable.
Please call the office to provide a suitable contact number as this will ensure we are able to deal with this matter quickly and efficiently.


What should we do now?
Wait the month or write another letter advising them that this supposed debt is no longer and to stop correspondence?

I think they are just letting things rest a while before starting another onslaught and have no intention of looking into it!!!

kel123_2

I would file it under - no need to action now

It's another try from them to get you to pay and admit to the debt, if you do then it is no longer statute barred - clever these little cherrio's arnt they.

Kel

BAILIFFCHASER

pamril1 wrote: »

JUST WHEN YA THINK YA GETTING SOMEWHERE!!!!:mad:
Recieved a letter from 1st Credit this morning (in responce to the statute barred letter I sent) reading as follows:

I refer to your recent communication advising 1st Credit Ltd that you have a dispute/query in relation to this debt.
We will shortly be contacting our client to advise them of your comments.
We will contact you with our clients reply in due course. This process may take at least one month.
Unless you are querying the full balance we must ask you contact 1st Credit Ltd immediately to discuss payment of the debt amount you accept is due and payable.
Please call the office to provide a suitable contact number as this will ensure we are able to deal with this matter quickly and efficiently.


What should we do now?
Wait the month or write another letter advising them that this supposed debt is no longer and to stop correspondence?

I think they are just letting things rest a while before starting another onslaught and have no intention of looking into it!!!

Sit tight for a while and see.

pamril1

This morning we received this letter:

Thank you for your recent communication.
The contents of the letter have been noted.
Please telephone this office as a matter of urgency in order that this matter can be discussed.
Thank you for your co-operation.


Now I know they are going to try and get my partner to admit to this debt when he doesn't so he won't be phoning but surely this is harrasment now.
They have received the statute barred letter and said they would look into it but obviously that is not their intention at all.
Do we sit tight like in my previous post and wait for the month to pass and see what they have done or should we send a letter telling them it is against the law to pursue us over the matter?
They are like a dog with a bone with this and its wearing my nerves and patience thin.

RAS

pamril

if they have received a statute barred letter and have not produced any evidence that your OH owes the debt, then continued attepts to get you to telephone may be constured as haressment.

They are being very crafty with the most recent letter, ackowledging the contents of your letter and asking to discuss "this matter" rather then paying the debt.

There is a letter somewhere on here that the NDL advised an Op to use in a suimiliar situation. Will try and find it, but basically it said, unless you have proof that this is not statute barred, stop writing and any furthe rcontact will lead to a formal complaint to the OFT, TS etc.

Do not phone them.

pamril1

Thanks RAS much appreciated.
They problably didn't even bother to read the letter that was sent I certainly don't feel like they have.