Suddenly being chased for forgotten debt

[Redletter]

Re: Suddenly being chased for forgotten debt

I would sit tight and do nothing.

Keep us informed of any further communications.

In the meantime read the FAQ's, read the Debt Collection threads and get yourself up to speed on the CCA 1974, CCA requests etc in the library on here.
Knowledge is power - and the DCA's rely on us NOT knowing!
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Take a look at this...........
http://www.legalbeagles.info/forums/...ad.php?t=16894

[soop]

Re: Suddenly being chased for forgotten debt

I would sit tight and do nothing.

Keep us informed of any further communications.

In the meantime read the FAQ's, read the Debt Collection threads and get yourself up to speed on the CCA 1974, CCA requests etc in the library on here.
Knowledge is power - and the DCA's rely on us NOT knowing!

Thanks for that Red I certainly will read and get myself more in the know. I will let you know how I get on. Good luck to you to I will follow your story with all my digits crossed for you x What a great bunch of people x

[Redletter]

Re: Suddenly being chased for forgotten debt

Just dont let them intimidate you!

'Speak soon'

[enaid]

Re: Suddenly being chased for forgotten debt

Ok here are the ground rules for you,
Originally Posted by CurlyBen
How to deal with DCA's

First Rule: NEVER talk to them on the phone as they will say anything to secure payment. Keep EVERYTHING in writing as this will supply an excellent paper trail should the need arise.

Second Rule: Admit NOTHING. Now bear in mind that DCA's are simply commission based "agents" and are looking for any admissions that they can use as leverage. It is the DCA's job to prove the debt is owed and valid, not yours to do their job for them.

Third Rule: Always deal with DCA's in a professional manner. Let them rant and rave and make all the threats. They will come unstuck before you do.

Fourth Rule: Stay cool and calm. Yes there is a debt to pay, but on your terms.

[Guest]

Re: Suddenly being chased for forgotten debt

Thanks Lumi for the warm welcome x Unfortunately I do believe it's my debt as it has my old HSBC bank details as a reference, my confusion is I thought it was all taken care of a long time ago by a debt advisor and I'm sure the figure they've quoted was way beyond what originally was in 2003, I guess charges have been added. They say they've been unable to contact me due to a change of address but I've been here for 4 years! Does it take them 4 years to find me?

If the debt is older than six years, then the original creditor and any debt-purchasing parasite company are out of luck. They have no legal right to pursue you for any sum of money.

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

There is a very good chance that this debt is either statute barred, or just about to become so, which is the reason that you have been contacted.

You have a number of options. You could do nothing, you could challenge them to prove the debt or you could inform them that it is statute barred and that they have no legal right to pursue you for it.

Read this thread and pay particular attention to the first letter in post #4 ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

If your choice is to go for option three, send them the letter in this thread. Legal Beagles

Doing nothing is an equally valid choice, but will not get them off your back and the letters will become increasingly frequent.

[WendyB]

Re: Suddenly being chased for forgotten debt

Cet, if it's just about to become statute barred, wouldn't Soop be poking the tiger with a stick if he/she contacted them about it at all? Could she not just sit it out till she knows the debt is definitely statute barred and then send them the statute barred letter?

I'm just thinking if the letter is sent and it's not yet statute barred, wouldn't that start the clock ticking again? Or would a "prove it" letter not count?

Soop, is there any way you can find out when the last payment was made to HSBC, without contacting the DCA?

If this debt is indeed coming up for statute barring, then that's why they've contacted you, hoping to cash in. If it's already out of time, then you need not pay anyway. If you have defaulted on this debt then surely it would show up on your credit file, but there's not just Exprian and Equifax, there is another one who's name escapes me at the moment. Chances are that if it's not on a credit file anywhere it's already statute barred and dropped off the radar, so to speak.

[soop]

Re: Suddenly being chased for forgotten debt

Cet, if it's just about to become statute barred, wouldn't Soop be poking the tiger with a stick if he/she contacted them about it at all? Could she not just sit it out till she knows the debt is definitely statute barred and then send them the statute barred letter?

I'm just thinking if the letter is sent and it's not yet statute barred, wouldn't that start the clock ticking again? Or would a "prove it" letter not count?

Soop, is there any way you can find out when the last payment was made to HSBC, without contacting the DCA?

If this debt is indeed coming up for statute barring, then that's why they've contacted you, hoping to cash in. If it's already out of time, then you need not pay anyway. If you have defaulted on this debt then surely it would show up on your credit file, but there's not just Exprian and Equifax, there is another one who's name escapes me at the moment. Chances are that if it's not on a credit file anywhere it's already statute barred and dropped off the radar, so to speak.

Hi Wendy and nice to meet you so to speak. I found a couple of old bank statements (how sad of me) from 2005 and nothing regarding any payment to HSBC and all other payments accounted for regarding other creditors. But I honestly don't remember dealing directly with them myself. I'm pretty sure if its not 6 years it's coming up pretty darn close, I had first meeting with debt advisor in 2003 with things in full swing late 2003 into 2004, late 2004 the debt advisor sent me a letter taking me off the books as I had payment plans in place.

[Guest]

Re: Suddenly being chased for forgotten debt

Cet, if it's just about to become statute barred, wouldn't Soop be poking the tiger with a stick if he/she contacted them about it at all? Could she not just sit it out till she knows the debt is definitely statute barred and then send them the statute barred letter?

I'm just thinking if the letter is sent and it's not yet statute barred, wouldn't that start the clock ticking again? Or would a "prove it" letter not count?

Soop, is there any way you can find out when the last payment was made to HSBC, without contacting the DCA?

If this debt is indeed coming up for statute barring, then that's why they've contacted you, hoping to cash in. If it's already out of time, then you need not pay anyway. If you have defaulted on this debt then surely it would show up on your credit file, but there's not just Exprian and Equifax, there is another one who's name escapes me at the moment. Chances are that if it's not on a credit file anywhere it's already statute barred and dropped off the radar, so to speak.

Any contact with either the DCA or the original creditor, unless it is done as advised above, may "reset the clock" according to the Limitation Act and therefore needs to be done very carefully - hence the reason for the advice above. A letter denying knowledge of the debt, or the reason for the contact cannot.

As I wrote above, ignoring them is also a valid choice, but the letters will not stop.

[soop]

Re: Suddenly being chased for forgotten debt

Any contact with either the DCA or the original creditor, unless it is done as advised above, may "reset the clock" according to the Limitation Act and therefore needs to be done very carefully - hence the reason for the advice above. A letter denying knowledge of the debt, or the reason for the contact cannot.

As I wrote above, ignoring them is also a valid choice, but the letters will not stop.

Thanks for taking the time to assist me Cet it is very much appreciated. I totally understand your point that letters will come if I do nothing. Well I think I will write to them using your carefully worded options. But wouldn't you know it my printer has decided to pack up on me just when I needed it most, gotta laugh else we would cry though eh? :grin:

[Redletter]

Re: Suddenly being chased for forgotten debt

but there's not just Exprian and Equifax, there is another one who's name escapes me at the moment.

As far as I am aware the other one is "Call Credit PLC"

[soop]

Re: Suddenly being chased for forgotten debt

Well after what seems forever (and a couple of letters offering me a discount if I paid now) I have a response from Hillesden Securities,(I sent a letter asking them to prove I was the debtor)I haven't a scanner so I will type what they have written:-

Thank you for your recent letter regarding the above account.

I can confirm that the above account relates to a loan taken out on 30 March 1989 (that must be a typo) with our client HSBC Bank.

This account defaulted in 12 February 2001.

On 13 January 2009 the account was acquired by Hillesden Securities T/A direct legal & collections. Upon acquisition of the account all rights and permission under the original agreement were transferred to Hillesden Securities.

There remains an outstanding balance on this account of £2997.39 (original letter quoted me £3,454.22.).

I hope the above is of assistance to your enquiries and should you require any further information please contact us on..........


Well guys where do go from here :confused2:

[Amy]

Re: Suddenly being chased for forgotten debt

Hillsden Securities say you defaulted in February 2001, but the account was not passed to them until almost 8 years later. In the interim, did you pay anything off this debt or even acknowledge its existence? It is not clear at all from the letter you have received, which I would imagine is deliberately vague.

[soop]

Re: Suddenly being chased for forgotten debt

I've never paid anything to them or HSBC or had any contact whatsoever until 2009.

[WendyB]

Re: Suddenly being chased for forgotten debt

Well in that case I think you can safely assume that it is statute barred, as it is well over 6 years old, so nothing to worry about. Don.t acknowledge the debt. They are just chancing their arm, buying up SB or near SB debts in th hope that people will pay up.

[MIKE770]

Re: Suddenly being chased for forgotten debt

chancing their arm statute barred.