Advice needed please

[jg78]

Re: Advise needed please

So am I correct in thinking 'if' they are off my credit record and have not been taken to county court ie granted a ccj then any future debt company will be unable to enforce the debts or get a ccj against them due to the length of time past ?

thank you to all of you who have taken the time to reply to my questions , I am starting to feel a little better about my position although I still feel bad for letting myself get into the mess in the first place , I suppose I was just young and given credit to easily and obviously gave no thought to my future !

[labman]

Re: Advise needed please

If they are SB, they can ask you for the money, but with one letter they should go away for good. You never have to pay the money back, even though the debt exists still. In Scotland, far more sensibly the debt is extinguished when it becomes time limited (SB), which is just 5 years there. :beagle:

[labman]

Re: Advise needed please

I still feel bad for letting myself get into the mess in the first place

Don't be daft! Everybody makes mistakes, the important thing is learning from them. You clearly have and that is greatly to your credit. :beagle:

[jg78]

Re: Advise needed please

Sounds like I should move to Scotland then ! Must be a coincidence that's where the wife's family are all from !

Thank you all for you replies , starting to feel a bit better about my situation , knowin I can ask a question on here and genuine people are wiling to give their time to help answer really does help , I have definitely grown up money wise and since my daughter was born 16 months ago she and my wife have just made me understand , I only want the best for them but only when I have the money , never again will I get a loan or a card , the mrs is definitely in charge of the money

thank you again

I'm sure this letter won't be the last but I now know I can get some advice from people who have been through the same

[wales01man]

Re: Advise needed please

Youll get the advice and support stick around youll get a good laugh at times it may be serious stuff but a good laugh works wonders,
Make sure your wife and child are the most important things you have tell em!

[jg78]

Re: Advise needed please

I have had another letter today (early postman today) this one is from Cabot financial claiming to have taken over a debt from a company called eqidebt , again neither of these are on my credit report although I think I recall the eqidebt one was on there but went past the 6 years some time ago I don't recall ever having anything from them and definitely did not contact them at all.

is there anything I should send to Cabot or just ignore it , as it's not on my report I presume it will be statue barred so they must be trying their luck , they claim I owe them £1500 , it's quite possible this is an old card although nothing states on the letter who it is just states eqidebt previously owned it

obviously I don't want to make any mistakes if I contact them.

any advice greatly appreciated

thanks

[wales01man]

Re: Advise needed please

Someone will post up a letter template you can send to them,its worded so as not so you are not admitting the debt this will sort out whats what or shut them up.
Don't worry

[Inca]

Re: Advise needed please

It's Monday morning...debt collectors LOVE Mondays cos they know it will piss your week off (they like Saturdays too,,to wreck weekends!)
Hold fire before doing anything and someone will pop in to tell you what's next ok?

Chin up chuckles........nothings as bad as it seems,

[jg78]

Re: Advice needed please

Thanks guys

i guess now things are no longer on my report I should expect a barrage of letters from company's who will try to get me to pay debts that are no longer enforceable.

a lottery win would be nice right about now

[wales01man]

Re: Advice needed please

Remember as you said in your first post Restons were trying to locate you? as they no doubt are not sure you are the right person they are all trying it on knowing a lot of people will cos they don't get advice on here reply and say yes its me you want ignore everthing unless it fets to a level where you will be advised to act

[labman]

Re: Advice needed please

For now ignore. I tend to work on the basis of ignore the first letter; if they write again, ask them to prove what they're collecting, then take things from there - in your case almost certainly the carefully worded SB letter. :beagle:

[jg78]

Re: Advice needed please

Cheers

if someone could point me in the direction of any templates that would be appreciated , just so I have them incase they are needed , I won't send anything until after seeking advise on here first , would just like to be prepared.

[labman]

Re: Advice needed please

Here you go! :beagle:

Statute Barred Debt (England and Wales)

Please bear in mind you should never admit that you had the account, it should always be referred to as an 'alleged account' or ‘the account you refer to.’ Do not use the term 'My Account' or you risk resetting the 6 period. Also ensure you sign it using a computer font, not your own handwriting.



Dear Sir,


Your Ref: Statute Barred Account No/Reference No XXXXXXXX


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.”


I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that, "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period.”


Apparently the last acknowledgement to 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 my personal liability for this alleged debt, and 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 further action to recover the alleged amount claimed.


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.”


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,


Type your name

[jg78]

Re: Advice needed please

Thanks labman

is is there also something I should get to request what the debt actually is ? Is this call a cca request ?

the letter from Cabot says they now own a debt they purchased from eqidebt , at present I only know the value not what it's actually for as such ?

thanks again

[labman]

Re: Advice needed please

There's two; one is a Prove It letter, and the other is the S78 request. The SB one states they need to prove your liability for it though, so covers that. :beagle: