Smith V Welcome Finance & Gm-law Solicitors

[smith]

Back In 2005 I Bumped To My Ex Girlfriends Dad He Gave Me A Phone Number To Phone It Was Moorcroft Debt Collecters Pushing For £447 I Told Them I Dont Recol The Debt So I Will Not Be F---ing Paying It I Also Stated The Debt Was Over 12 Yrs Old ....which Should Have Been Time Barred They Kept Pressing For Payment So I Hand It Over To My Dmp Which They Made Payment As They Harrasd Me Into Thinking The Debt Was Still Collectable .....letter From Them To Day 31.7.209

We Write To Inform You That We Now Have Authority From Our Client To Proceed With Litigation ..

Following Any County Court Judgment Being Recorded Against You Fixed Court Fees ,solicitors Fees Added, Which Will Significantly Increase Your Debt Upon Judgment Being Entered The Following Choices Of Action Are Available To Enforce Payment

1. Bailifts
2. Attachment Of Earnings Order
3. Oral Examination
4.bankruptcy Proceedings

We Are Now Preparing Your Case For Litigation ..however If You Phone The Undersigned On Xxxxxxxxxxx Befor 14.8.09 And Arrange Repayment Of The Debt We Will Consider Suspending Any Legal Action


Any Help Would Be A Help Thanks

[enaid]

Re: Smith V Welcome Finance & Gm-law Solicitors

Hello and welcome to Beagles.
Can you just clarify, this was originally a debt to Welcome Finance, that was Statute barred and passed to Moorcroft Debt Recovery.
Your DMP then started to make payments to Moorcroft.
If this is correct what happened next?

[smith]

Re: Smith V Welcome Finance & Gm-law Solicitors

Hello and welcome to Beagles.
Can you just clarify, this was originally a debt to Welcome Finance, that was Statute barred and passed to Moorcroft Debt Recovery. YES
Your DMP then started to make payments to Moorcroft. YES
If this is correct what happened next?

I SENT CCA TO MORECROFT NEVER GOT ANY THING BACK SO I STOPPED PAYING IT ....THEY THREATEND ME INTO BELEAVING I STILL HAD TO PAY IT V

[enaid]

Re: Smith V Welcome Finance & Gm-law Solicitors

I SENT CCA TO MORECROFT NEVER GOT ANY THING BACK SO I SOPPED PAYING IT ....THEY THREATEND ME INTO BELEAVING I STILL HAD TO PAY IT V

You stopped paying them through your DMP?

[smith]

Re: Smith V Welcome Finance & Gm-law Solicitors

You stopped paying them through your DMP?

YES
THATS RIGHT
------------------------------- merged -------------------------------
SO IF IT WAS Statute barred AND THEY TRICKED ME INTO PAYING THEM AS AT THE TIME I NEVER NEW ABOUT Statute barred DEBTS SO WHAT DO I DO NOW ABOUT IT AS GM LAW ARE TAKEING ME TO COURT

[Amethyst]

Re: Smith V Welcome Finance & Gm-law Solicitors

Have a very good read of this thread - ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

[Curlyben]

Re: Smith V Welcome Finance & Gm-law Solicitors

Don't panic about the threats from GM Law as they are simply "solicitors-for-hire" and have supplied Moorcroft with some scary sounding templates to use.

All you need to do is inform Moorcroft of the status of this debt and that you will NOT be making any further payments. SB is a COMPLETE in law, even if they are stupid enough to carry out their threats.

Throw this at them:

Dear Sir/Madam


Account reference: XXXX


Thank you for your letter of the DATE, the contents of which have been noted.

You have previously contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would again 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.”

We 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”.

The last payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

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

We also insist that you supply a full written copy of your complaints procedure..

It should also be noted that we will be contacting Trading Standards concerning this matter.

Ignoring this letter and continuing to press for payment will not resolve this matter.

We will not hesitate to pursue this matter with Trading Standards and the OFT, additionally we will seek immediate legal advice should you continue to press for payment, as we feel this may constitute harassment contrary to section 40 (1) of the Administration of Justice Act 1970, as well as the Protection from Harassment Act 1997.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

edit as required.

[smith]

Re: Smith V Welcome Finance & Gm-law Solicitors

sorry guys im that confused with the debts cannot remember which creditor as got what but i got moorcroft wrong its global debt recovery that as my welcome finance

[Curlyben]

Re: Smith V Welcome Finance & Gm-law Solicitors

No worries, advice is the same, assuming this debt is out of time.