Help Please with DCA

[H2Oman]

I have a debt that was with a lender. I have not paid since Sept 2007. The debt was sold to 1st Credit and now Connaughts are sending me letters. They do not know my present address, but have been sending letters to my Ltd company address. I am the sole director but do have people working here and I don't open the post. The letters are always sent to me personally marked private and confidential but to my Ltd company address. The debt is for £8,000.
I am reluctant to contact them because of the SOL, but are they allowed to send it to my business address? The debt was a personal one.

[charitynjw]

Re: Help Please with DCA

Hi H2Oman, & welcome to Legal Beagles.

Have you acknowledged the debt in writing since Sept 2007?

[H2Oman]

Re: Help Please with DCA

Hi Charity,
Thank you for your welcome. No, I have not had any tel calls or any communication since then.

[charitynjw]

Re: Help Please with DCA

If it were me, I would would just ignore them - it will soon be Statute-barred!

However, if this is causing you embarrassment, & you are prepared to open a line of communication with them, you could write to them, stating that you neither confirm or deny the debt is yours, but requesting that they cease sending any letters to your place of business.
(Don't forget proof of posting)

The OFT has issued guidance to all the vultures...sorry, debt collectors, re unfair business practices.
Page 27 is illuminating - enjoy! :tinysmile_grin_t:

http://www.oft.gov.uk/shared_oft/con...lection_g1.pdf

[H2Oman]

Re: Help Please with DCA

Thanks Charity. Would this then restart the 6 yrs SOL?
Forgot to mention, they also call me at work but no-one answers them

[charitynjw]

Re: Help Please with DCA

Not if you do not acknowledge the debt.

Btw, are you in England/Wales, or Scotland?

[jon1965]

Re: Help Please with DCA

Do they have your old address and could they be sending mail there as well.
If this is an enforceable debt you need to be careful in case they decide to either issue a claim or even worse a SD. I am told that as a bankrupt you can not be a director of a company .

Another option , if you haven't already done it would be to send a CCA request (just when was the loan taken out) . My reasoning for that is that once sent they can not start action against you and it may buy enough time for it to become SB.

I think there is also case law about SB being 6 years after the cause of action and not when you stopped paying, so if they defaulted then teminated your agreement but that didn't happen until say July 2008 you have another year to go.

Do not take anything I say as gospel, it is just my understanding and may well be flawed

[H2Oman]

Re: Help Please with DCA

Thanks Charity. Would this then restart the 6 yrs SOL?
Forgot to mention, they also call me at work but no-one answers them

So, only if I acknowledge the debt , or mention the debt does the 6 yrs start again? If I write to them and tell them to stop sending letters to my works as per the OFT guidance, then this does not start the SOL again?

[H2Oman]

Re: Help Please with DCA

Do they have your old address and could they be sending mail there as well. I don't know if they send anything there
If this is an enforceable debt you need to be careful in case they decide to either issue a claim or even worse a SD. I am told that as a bankrupt you can not be a director of a company .
I do know that it is unenforceable as the agreement was a credit card application and did not comply with the CCA1974. ( No PT's etc..) I don't have it now as this was in 2007 I asked for a copy
Another option , if you haven't already done it would be to send a CCA request (just when was the loan taken out) . My reasoning for that is that once sent they can not start action against you and it may buy enough time for it to become SB. Good idea. Does that not trigger the SOL again though?

I think there is also case law about SB being 6 years after the cause of action and not when you stopped paying, so if they defaulted then teminated your agreement but that didn't happen until say July 2008 you have another year to go. That could be a possibility then. I do not recall having any Def notices sent though. Would the DCA also have to send one before any legal action?

Do not take anything I say as gospel, it is just my understanding and may well be flawed

I appreciate your help

[charitynjw]

Re: Help Please with DCA

So, only if I acknowledge the debt , or mention the debt does the 6 yrs start again? If I write to them and tell them to stop sending letters to my works as per the OFT guidance, then this does not start the SOL again?

As long as you do not acknowledge the debt, no.

Could I refer you back to post #6?

[H2Oman]

Re: Help Please with DCA

As long as you do not acknowledge the debt, no.

Could I refer you back to post #6?

Apologies, I am based in England

[charitynjw]

Re: Help Please with DCA

Ok.

SB in England means that the debt will still exist after the 6 years, but the creditor can't take you to court for it.

(In Scotland, the debt disappears completely after 5 years)

[H2Oman]

Re: Help Please with DCA

Ok.

SB in England means that the debt will still exist after the 6 years, but the creditor can't take you to court for it.

(In Scotland, the debt disappears completely after 5 years)

Great, so my credit file is smashed forever then if the debt doesn't go away?
Time to rent a flat then or move to Scotland for 6 mnths

[jon1965]

Re: Help Please with DCA

Hi H20 Man

There was a discussion on here (i think) a while ago about if a CCA request could restart the SB clock and I believe that the consensus was no, as long as letters were worded carefully.
My understanding of the law is that it needs to be a definite admission in writing such as re account No 123456 which I owe you
As you have already sent a CCA request you could just write to connaught saying the account is in dispute

Dear Sirs

ACCOUNT NO: XXXXXX

Your attention is drawn to the fact that this account is subject to a serious dispute. On XX/XX/XX, I requested that [ORIGINAL CREDITOR] supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 77-79. To date [ORIGINAL CREDITOR] have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to [ORIGINAL CREDITOR] , nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.
In line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;
Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.
Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.
Yours faithfully,

Remember to sign digitally and you could always add a line " This is in no way an acknowledgment of any possible liability"

[jon1965]

Re: Help Please with DCA

No your credit file is not smashed forever , any default will come off your credit file after 6 years and any mention of the debt will be removed along with it.

Once statute barred a debt can not be enforced and once told any creditor should cease collection activity immediately