**RESOLVED** Debt dated 2004: still forceable?

[ravis]

Good evening folks, sorry if possibly repeating a thread (if so please lock this one but not before linking me to the a similar one, thanks) but I'd appreciate your advices into the matter.

I had a credit report made by NODDLE.CO.UK , in October 2014, and arranged to repay what due to all the creditors by monthly installments; now, a week ago I received a letter from "1st Credit" claiming I owe them money for a Personal Loan Agreement dated December 2004 (purchase of a laptop) and considering that they don't appear on the mentioned report in the first instance (unlike the RBS credit card, RBS current account, and Lowells which are the creditors stated above) I'm just wondering if 1st Credit is legitimately claiming money or trying to make me paying the same loan twice...

P.s.: apparentely I've been paying as well for a PPI related to the credit agreement: what should I do?

Thanks in advance for your help.

[FlamingParrot]

Re: Debt dated 2004: still forceable?

Hi and welcome aboard

1st Credit are debt purchasers so the original lender would have been another company who lent you the money to purchase the laptop. If you defaulted on the account more than six years ago, there would be nothing on your credit file as defaults drop off six years after being recorded. If there's also been no payments made or any written acknowledgment of the debt on your part, in the past six years (provided you are in England and Wales), then it would also be statute barred.

If the debt is statute barred it wouldn't be recoverable through the courts. If it isn't, it may or may not be enforceable depending on the agreement amongst other things. :thumb:

You have the option to send them either the statute barred letter or the 'prove it' letter, depending on whether you recognise this account (but have not made payments in more than six years) or are not sure what account they are referring to.

[FlamingParrot]

Re: Debt dated 2004: still forceable?

This is the prove it letter if you don't recognise the account:

Dear Sir/Madam

Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to 1st Credit.

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Debt dated 2004: still forceable?

This is the statute barred letter if you know that you had the account but have not paid anything or acknowledged the debt in six years or more:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you will no longer be able to take court action to recover the debt. Any court claim will be defended on these basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: “A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.”

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you will not pursue me for this debt.

Yours faithfully

[ravis]

Re: Debt dated 2004: still forceable?

Thanks for your reply Flaming Parrot, really appreciated. Fact is that, 1st cedit did send me copy of the original Credit agreement (taken at the time by HFC Bank) with my signature on it but not sure (I sincerely don't remember) if the debt is still in their hands or it has been paid already (to 1st credit or to another collector ).. Anyway, i followed your suggestion and asked them to send me a copy of my last payment AND written acknowledgment of debt:once received their answer I'll keep you informed. CHeers!

[ravis]

Re: Debt dated 2004: still forceable?

So, quick update......Received a letter today from 1st Credit about my last payment related to mentioned debt: March 2008...........So, so, so: what's the best thing to do in your opinion, based on such piece of news? It looks like the debt is statute barred, but the main point for me is: considering that the debt cannot be recoverable by court, can be collected in any other ways (bailiffs, seizeing of the assets including my salary, or else)? Thx for the advice.

[FlamingParrot]

Re: Debt dated 2004: still forceable?

So, quick update......Received a letter today from 1st Credit about my last payment related to mentioned debt: March 2008...........So, so, so: what's the best thing to do in your opinion, based on such piece of news?

If that was in response to your statute barred letter, then they have, in effect, confirmed the debt is statute barred, therefore they should make no further contact with you. If they do, you would have cause for complaint.

There is no need to do anything further.

t looks like the debt is statute barred, but the main point for me is: considering that the debt cannot be recoverable by court, can be collected in any other ways (bailiffs, seizeing of the assets including my salary, or else)? Thx for the advice.

No, it cannot! :nono: A court order is required to send bailiffs to seize goods or to make deductions from you salary. None of those things are possible without going to court first (and winning). :juge:

A creditor would have to issue a claim and obtain judgment in court (a CCJ), then go back to the court to apply for a warrant of control (to send bailiffs) or an attachment of earnings order (to get your employer to make deductions from your salary). If the debt is statute barred, they can't obtain judgment to start with, so none of those options are open to them.

The whole idea of limitation is so you cannot be pursued for your debts forever, just like defaults dropping off your credit file after six years, you are entitled to rebuild your life (and your credit if you so wish). :thumb:

[ravis]

Re: Debt dated 2004: still forceable?

If that was in response to your statute barred letter, then they have, in effect, confirmed the debt is statute barred, therefore they should make no further contact with you. If they do, you would have cause for complaint.

There is no need to do anything further.


No, it cannot! :nono: A court order is required to send bailiffs to seize goods or to make deductions from you salary. None of those things are possible without going to court first (and winning). :juge:

A creditor would have to issue a claim and obtain judgment in court (a CCJ), then go back to the court to apply for a warrant of control (to send bailiffs) or an attachment of earnings order (to get your employer to make deductions from your salary). If the debt is statute barred, they can't obtain judgment to start with, so none of those options are open to them.

The whole idea of limitation is so you cannot be pursued for your debts forever, just like defaults dropping off your credit file after six years, you are entitled to rebuild your life (and your credit if you so wish). :thumb:

:hail:

[ravis]

Re: Debt dated 2004: still forceable?

Debt Statute Barred: 1st Credit kindly lets me know the debt will still exists but they'll not be in contact with me anymore regarding the matter. :okay::okay:

[Kati]

Re: Debt dated 2004: still forceable?

Debt Statute Barred: 1st Credit kindly lets me know the debt will still exists but they'll not be in contact with me anymore regarding the matter. :okay::okay:

Congratulations I've edited the title of your thread to show the result xx

[FlamingParrot]

Re: Debt dated 2004: still forceable?

Debt Statute Barred: 1st Credit kindly lets me know the debt will still exists but they'll not be in contact with me anymore regarding the matter. :okay::okay:

Well done! Excellent news! :high5: :high5: