Advantis debt collectors making threats

[elfyp]

hi,
my husband has an old debt of about £450 from 3 mobile from at least 6 years ago. It's been passed around loads of different debt collection agencies, all of which have made threats to come round to our house but none ever have done. We sent one a template statute barred letter abot a year ago, they replied saying the debt was NOT statute barred, we didnt reply. Today we got a letter from Advantis, havent had letter from them before so debt must have been passed on again. They are threatening doorstep collectors and County Court action.
Will they do this? Surely if they could take action in court it would've been done by now? I'm a bit scared now that it will go to court and we'll get made to pay it back all at once, or in amounts we cant afford. We only have a low income and 2 kids to support, only my husband works as I stay at home with our baby.
Is this empty threats as it has been in the past, or can they actually come in our house and start 'assessing our ability to pay' or even take our stuff? I'm a bit scared now any advice please?

[bluebottle]

Re: Advantis debt collectors making threats

Hi Elfy and welcome to Legal Beagles.

The rule with Statute Barred Debt is that as long as the debt has not been acknowledged, or any payments made or offered and no communication has been made by you in the last six years, the debt is statute-barred under the Limitation Act 1980. Although DCAs can purchase these debts for pennies in the pound and attempt to pursue them, if an alleged debtor refuses to pay, there is nothing the DCA can do. Threatening doorstep collectors and County Court action is a breach of OFT Debt Collection Guidelines and can result in a DCA having restrictions attached to its OFT Debt Collection Licence or the licence being revoked or its renewal refused.

Could you please answer the following questions -

1. On what date was the last payment made?
2. On what date did the account go into default?
3. What attempts have 3 made, both directly and through DCAs, to recover this debt in the last six years?
4. Has any acknowledgement been made by your husband of the debt in the last six years?
5. Have any payments been made or offered in the last six years?

If you can provide answers to these questions, it will then be easier to decide whether the debt is, indeed, statute-barred.

BB

[legalese]

Re: Advantis debt collectors making threats

hi,
my husband has an old debt of about £450 from 3 mobile from at least 6 years ago. It's been passed around loads of different debt collection agencies, all of which have made threats to come round to our house but none ever have done. We sent one a template statute barred letter abot a year ago, they replied saying the debt was NOT statute barred, we didnt reply. Today we got a letter from Advantis, havent had letter from them before so debt must have been passed on again. They are threatening doorstep collectors and County Court action.
Will they do this? Surely if they could take action in court it would've been done by now? I'm a bit scared now that it will go to court and we'll get made to pay it back all at once, or in amounts we cant afford. We only have a low income and 2 kids to support, only my husband works as I stay at home with our baby.
Is this empty threats as it has been in the past, or can they actually come in our house and start 'assessing our ability to pay' or even take our stuff? I'm a bit scared now any advice please?

Threats! This is what is known as a tactic to get you to pay up, send them a letter stating you do not refuse to pay on condition they send you proof that they have a signed contract to do business with you. By stating you do not refuse to pay then they cannot take you to court, and they do not have a signed contract to do business with you do they. Do not speak to them in any way shape or form, if they call just simply hang up, do not open the door, ignore them at all times.

[Guest]

Re: Advantis debt collectors making threats

Hi Elfyp

These peoole have no more rights to come knocking on your door than any one else, if they did you could just tell them to sod of and call the police.

They make a business out of buying "sub performing debts" which means debts that the original creditors or other DCA's have written off. As a result they pay virtually nothing for them and depend on scare tactics in order to make a quick profit. They depend on people paying up without question.

I am having fun with these at the moment (see my thread, slightly misspelled).

D