Comments on: Chased for old debts in England? Get them written off easily! http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/ Paranormal & Marketing Thu, 26 Jan 2012 19:55:39 +0000 http://wordpress.org/?v=2.8.5 hourly 1 By: goldeneagle32 http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-927 goldeneagle32 Sat, 26 Nov 2011 22:32:40 +0000 http://www.paranormal-marketing.com/?p=1409#comment-927 Hi I am a newbee here and I have found some interesting comments here, Forgive me for asking this but what you are actually saying is that if a debtor can not provide you with a copy of the original credit agreement not any repayment agreement with the collection company within 12 days that the debt is null and void? If this is the case could you please advise me how best to do this? Hi I am a newbee here and I have found some interesting comments here,
Forgive me for asking this but what you are actually saying is that if a debtor can not provide you with a copy of the original credit agreement not any repayment agreement with the collection company within 12 days that the debt is null and void?
If this is the case could you please advise me how best to do this?

]]> By: boomclart http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-924 boomclart Sat, 03 Sep 2011 17:11:35 +0000 http://www.paranormal-marketing.com/?p=1409#comment-924 If a debt of 3 years or so is written off due to inability to provide a 'true' copy of the original credit agreement or as in the last post a facsimilie of the 'original' credit agreement then does this also get removed from your credit report or does it just remain on there for the full 6 years as defaulted account? If a debt of 3 years or so is written off due to inability to provide a ‘true’ copy of the original credit agreement or as in the last post a facsimilie of the ‘original’ credit agreement then does this also get removed from your credit report or does it just remain on there for the full 6 years as defaulted account?

]]> By: nobucks http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-912 nobucks Sun, 08 May 2011 19:22:32 +0000 http://www.paranormal-marketing.com/?p=1409#comment-912 Hiya newbie here, I have been dodging debt chasers for @ 3 years I have gone through 4 debt collectors, I have managed to get out of them with the "Unable to supply a copy of the credit agreement and up to date statements " BUT now the loophole concerning the original credit agreement has been plugged is it true that the company has only to supply a true facsimile of the original credit agreement and NOT a copy of the original if its unavailable, if that is the case then most credit companies change their agreements regularly and a true copy of the original one will still be unavailable most companies dont keep them. (this is true in my case) Hiya newbie here, I have been dodging debt chasers for @ 3 years I have gone through 4 debt collectors, I have managed to get out of them with the “Unable to supply a copy of the credit agreement and up to date statements ” BUT now the loophole concerning the original credit agreement has been plugged is it true that the company has only to supply a true facsimile of the original credit agreement and NOT a copy of the original if its unavailable, if that is the case then most credit companies change their agreements regularly and a true copy of the original one will still be unavailable most companies dont keep them. (this is true in my case)

]]> By: admin http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-905 admin Fri, 18 Feb 2011 19:34:58 +0000 http://www.paranormal-marketing.com/?p=1409#comment-905 <b>Hello Macgirl</b>, I wouldn't worry if an unsecured debt is older than 6 years old and you haven't been contacted as it's statute barred meaning that they cannot take legal action to reclaim the debt, plus it's against the Office of Fair Trading's guidelines to continue chasing statute barred debts once the debtors refuses to pay because of this. In other words, I'd only deal with these debts if you do get contacted where you'll then be-able to easily get them off your back by sending a standard stature barred letter as detailed above. Any unsecured debt older than 6 years shouldn't be on your credit file, but if it is, contact the relevant credit reference agency as you can file a notice of correction. If you have a debt less than 6 years old, then it's really up to you what you do, you can either wait for them to find you before the 6 years is up (they sometimes won't or can't, especially if you're outside the country) or if you really want to you can choose to contact the creditor to arrange a payment plan based on what you can afford, but remember that once you make any offer of payment you've acknowledged the debt which starts off the 6 year period of liability again before becoming stature barred, this is the case even if you choose to acknowledge a debt that was stature barred, so be careful not to be tricked! If you live outside the UK, I doubt very much if they'll be-able to force you to pay an unsecured debt in the UK anyway and I doubt if they'll even try or find you. <b>Hello gww</b>, you're welcome to ask questions here or on the public shoutbox, I know Lowell Financial very well, don't acknowledge the debt until you have decided on all your options available and it doesn't matter how much or how little you can afford to pay it, there's always options that won't leave you financially in trouble no matter what threats Lowell or other debt collection companys throw at you, so please try not to worry. Hello Macgirl, I wouldn’t worry if an unsecured debt is older than 6 years old and you haven’t been contacted as it’s statute barred meaning that they cannot take legal action to reclaim the debt, plus it’s against the Office of Fair Trading’s guidelines to continue chasing statute barred debts once the debtors refuses to pay because of this. In other words, I’d only deal with these debts if you do get contacted where you’ll then be-able to easily get them off your back by sending a standard stature barred letter as detailed above. Any unsecured debt older than 6 years shouldn’t be on your credit file, but if it is, contact the relevant credit reference agency as you can file a notice of correction.

If you have a debt less than 6 years old, then it’s really up to you what you do, you can either wait for them to find you before the 6 years is up (they sometimes won’t or can’t, especially if you’re outside the country) or if you really want to you can choose to contact the creditor to arrange a payment plan based on what you can afford, but remember that once you make any offer of payment you’ve acknowledged the debt which starts off the 6 year period of liability again before becoming stature barred, this is the case even if you choose to acknowledge a debt that was stature barred, so be careful not to be tricked! If you live outside the UK, I doubt very much if they’ll be-able to force you to pay an unsecured debt in the UK anyway and I doubt if they’ll even try or find you.

Hello gww, you’re welcome to ask questions here or on the public shoutbox, I know Lowell Financial very well, don’t acknowledge the debt until you have decided on all your options available and it doesn’t matter how much or how little you can afford to pay it, there’s always options that won’t leave you financially in trouble no matter what threats Lowell or other debt collection companys throw at you, so please try not to worry.

]]> By: gww http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-902 gww Sun, 13 Feb 2011 11:01:32 +0000 http://www.paranormal-marketing.com/?p=1409#comment-902 Hi Just joined the site. I have a question regarding a debt I am being chased for by Lowell Financial. Is this the right place to ask it ? Thanks Hi

Just joined the site. I have a question regarding a debt I am being chased for by Lowell Financial. Is this the right place to ask it ?

Thanks

]]> By: Macgirl http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-897 Macgirl Mon, 17 Jan 2011 14:24:27 +0000 http://www.paranormal-marketing.com/?p=1409#comment-897 I used to live in the UK, and moved away in 2004 leaving behind creditcard debt. I am unsure of the amounts and have not been contacted by any debt collectors (to my knowledge) I am currently going through to be a police officer and need to ensure my credit is clear, but am having trouble getting any information from outside the UK. Once I get a credit report, who can I contact to discuss my next course of action should there be outstanding debt? I'm pretty sure it would be statute barred by now though, wouldn't it? It has been 6 years -- but what if it is still on my credit report? I used to live in the UK, and moved away in 2004 leaving behind creditcard debt. I am unsure of the amounts and have not been contacted by any debt collectors (to my knowledge)
I am currently going through to be a police officer and need to ensure my credit is clear, but am having trouble getting any information from outside the UK. Once I get a credit report, who can I contact to discuss my next course of action should there be outstanding debt?
I’m pretty sure it would be statute barred by now though, wouldn’t it? It has been 6 years — but what if it is still on my credit report?

]]> By: admin http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-886 admin Sat, 27 Nov 2010 14:17:30 +0000 http://www.paranormal-marketing.com/?p=1409#comment-886 <h2><u>Not A Stutute Barred Debt - Demand a True Copy of the Credit Agreement</u></h3> <h3><u>They often can't do this and the debt is then void!</u></h3> Sorry for the slow reply to uhuh, if the debt isn't statuary barred as you suggest being only 3 year ago, then I suggest you firstly demand a copy of your credit agreement as if they cannot produce within 12 days, the can no longer chase the debt. <b>You will need to send a £1 postal order making it clear that this is the fee required in exchange for the document request under the consumer credit act 1974 and always ensure you mark the letter clearly "I do NOT acknowledge ANY debt to your company"!</b> This procedure is good to follow for other people in this situation as often debt collection agencies can't get hold of the document required within the 12 day period which makes the debt null and void. If they do produce, then nothing is lost and you're in the same situation as before where there are other options. <h3>Example letter demanding Credit Agreement (I suggest you use the 2nd letter down):</h3> <a href="http://www.penaltychargesforum.co.uk/showthread.php?21152-letter-requesting-credit-agreement" target="_blank" rel="nofollow">http://www.penaltychargesforum.co.uk/showthread.php?21152-letter-requesting-credit-agreement</a> (2nd letter down) If they do produce the credit agreement, then you have a choice to either to make an IVA (Individual Voluntary Arrangement) where you will pay what you can afford even if it's only a couple of pounds a month (it doesn't matter how large the debt is) or to ignore letters, but there is a chance they could eventually go-to county court if you ignore them completely. Whether they choose to take legal action depends how much the debt is for and the circumstances as they have to pay legal fees up front hoping that you'll pay them eventually. They will finally consider you're individual case and the likeness of you eventually paying if they do take you to court, but they will threaten this action whether they really intend legal action or not to attempt to frighten you into paying. If they don't take you to court, often the debt is sold on again and it all starts over again. I suggest in the situation of them producing the credit agreement that you seek free legal advise from The Citizens Advice or similar as they are excellent as negotiating with such companies on your behalf, but don't pay for this service to anyone as it's not necessary. I don't recommend that you call debt collection agencies under any circumstances unless a professional does this on your behalf as they can be quite forceful and unpleasant, plus they often try to get you to slip up and admit or agree something you don't really want to. Not A Stutute Barred Debt – Demand a True Copy of the Credit Agreement

They often can’t do this and the debt is then void!

Sorry for the slow reply to uhuh, if the debt isn’t statuary barred as you suggest being only 3 year ago, then I suggest you firstly demand a copy of your credit agreement as if they cannot produce within 12 days, the can no longer chase the debt. You will need to send a £1 postal order making it clear that this is the fee required in exchange for the document request under the consumer credit act 1974 and always ensure you mark the letter clearly “I do NOT acknowledge ANY debt to your company”! This procedure is good to follow for other people in this situation as often debt collection agencies can’t get hold of the document required within the 12 day period which makes the debt null and void. If they do produce, then nothing is lost and you’re in the same situation as before where there are other options.

Example letter demanding Credit Agreement (I suggest you use the 2nd letter down):

http://www.penaltychargesforum.co.uk/showthread.php?21152-letter-requesting-credit-agreement
(2nd letter down)

If they do produce the credit agreement, then you have a choice to either to make an IVA (Individual Voluntary Arrangement) where you will pay what you can afford even if it’s only a couple of pounds a month (it doesn’t matter how large the debt is) or to ignore letters, but there is a chance they could eventually go-to county court if you ignore them completely. Whether they choose to take legal action depends how much the debt is for and the circumstances as they have to pay legal fees up front hoping that you’ll pay them eventually. They will finally consider you’re individual case and the likeness of you eventually paying if they do take you to court, but they will threaten this action whether they really intend legal action or not to attempt to frighten you into paying. If they don’t take you to court, often the debt is sold on again and it all starts over again. I suggest in the situation of them producing the credit agreement that you seek free legal advise from The Citizens Advice or similar as they are excellent as negotiating with such companies on your behalf, but don’t pay for this service to anyone as it’s not necessary. I don’t recommend that you call debt collection agencies under any circumstances unless a professional does this on your behalf as they can be quite forceful and unpleasant, plus they often try to get you to slip up and admit or agree something you don’t really want to. ]]> By: uhoh http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-879 uhoh Thu, 04 Nov 2010 11:00:06 +0000 http://www.paranormal-marketing.com/?p=1409#comment-879 Hi there, I've recently been pursued by Lowell/ mckenzie hall with regards to a contract phone bill, said phone company wants the rest of the money for a contract that I stopped paying. Saying this the phone bill was from 3 years ago, I seem to remember a couple of letters from a different debt collection agency at my previous address but now two years later they have caught up with me, the first letter I have recorded from Mackenzie hall states that if i don't get back to them by the 28th of october then my case had been passed to meritforce the doorstop collections agency and that they would be round to the house since Im living with my step mother at the moment that's the last thing I need so I stupidely phoned them and demanded to know why I hadn't received any correspondence until this threatening letter. The guy I spoke to was polite enough but demanding that I pay the amount in full for a discounted price but I can't afford that and I would pay it off if they'd even let me pay if in 3 or 4 lump sums. I'm just really worried about them sending someone round to this house, does anyone have any advice about what I should do please? Thankyou xxx Hi there, I’ve recently been pursued by Lowell/ mckenzie hall with regards to a contract phone bill, said phone company wants the rest of the money for a contract that I stopped paying. Saying this the phone bill was from 3 years ago, I seem to remember a couple of letters from a different debt collection agency at my previous address but now two years later they have caught up with me, the first letter I have recorded from Mackenzie hall states that if i don’t get back to them by the 28th of october then my case had been passed to meritforce the doorstop collections agency and that they would be round to the house since Im living with my step mother at the moment that’s the last thing I need so I stupidely phoned them and demanded to know why I hadn’t received any correspondence until this threatening letter. The guy I spoke to was polite enough but demanding that I pay the amount in full for a discounted price but I can’t afford that and I would pay it off if they’d even let me pay if in 3 or 4 lump sums. I’m just really worried about them sending someone round to this house, does anyone have any advice about what I should do please?
Thankyou xxx

]]> By: uhoh http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-878 uhoh Thu, 04 Nov 2010 10:54:52 +0000 http://www.paranormal-marketing.com/?p=1409#comment-878 Hi there, I've recently been pursued by Lowell/ mckenzie hall with regards to a contract phone bill, said phone company wants the rest of the money for a contract that I stopped paying. Saying this the phone bill was from 3 years ago, I seem to remember a couple of letters from a different debt collection agency at my previous address but now two years later they have caught up with me, the first letter I have recorded from Mackenzie hall states that if u don't get back to them by the 23rd of September then my case had been passed to nerit Hi there, I’ve recently been pursued by Lowell/ mckenzie hall with regards to a contract phone bill, said phone company wants the rest of the money for a contract that I stopped paying. Saying this the phone bill was from 3 years ago, I seem to remember a couple of letters from a different debt collection agency at my previous address but now two years later they have caught up with me, the first letter I have recorded from Mackenzie hall states that if u don’t get back to them by the 23rd of September then my case had been passed to nerit

]]> By: admin http://www.paranormal-marketing.com/2009/08/20/old-debts-under-the-limitation-act-uk/comment-page-1/#comment-859 admin Thu, 16 Sep 2010 13:40:45 +0000 http://www.paranormal-marketing.com/?p=1409#comment-859 Hello debtor99, sorry for the slow reply. Yes, definitely send them a statute barred letter as they're just trying it on. DON'T ACKNOWLEDGE THE DEBT OR PAY ANYTHING as even if it's over 6 years old since the last acknowledgement, it will restart the 6 years, they're hoping you will slip up! Always clearly mark any correspondence with "WITHOUT PREJUDICE" or similar. Don't phone them, if you already have, it's still no an acknowledgement unless you make a payment over the phone, but from past experience, phoning them isn't a good idea as you'll get no-where and they can be extremely persistent, if not threatening. If they still persist after sending the letter, make a complaint to the Office of Fair Trading as they're breaking the law. Hello debtor99, sorry for the slow reply. Yes, definitely send them a statute barred letter as they’re just trying it on. DON’T ACKNOWLEDGE THE DEBT OR PAY ANYTHING as even if it’s over 6 years old since the last acknowledgement, it will restart the 6 years, they’re hoping you will slip up! Always clearly mark any correspondence with “WITHOUT PREJUDICE” or similar. Don’t phone them, if you already have, it’s still no an acknowledgement unless you make a payment over the phone, but from past experience, phoning them isn’t a good idea as you’ll get no-where and they can be extremely persistent, if not threatening. If they still persist after sending the letter, make a complaint to the Office of Fair Trading as they’re breaking the law.

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