putupons12 UE diary

[5corpio]

Re: putupons12 UE diary

will do going to templates now

Link Clik -----> CCA Request

when sending a CCA Request, i ask the post office for it to be Signed for proof of posting (2nd class, as it gets there as quick as 1st class and is cheaper - rate nowadays £1.49ish?). NOT recorded delivery or special delivery as that is expensive

[putupon12]

Re: putupons12 UE diary

do I send this to the bank or dca.

[Deepie]

Re: putupons12 UE diary

do I send this to the bank or dca.

Last person to write to you dca.......

[5corpio]

Re: putupons12 UE diary

do I send this to the bank or dca.

Last person to write to you 'dca.......'

Remember never to sign any cheque you may send and whatever you do - do not sign for any recorded mail received, using your normal signature! Read our dedicated page on Signing Digitally!

[putupon12]

Re: putupons12 UE diary

Should I put anything into the template letter about not acknowledging the debt.

[oldyboy]

Re: putupons12 UE diary

If you're using the template from the forum, the letters are worded so as not to acknowledge the debt.

Sending a postal order is the securest method to pay, as the sig on this is definitely not yours!

[putupon12]

Re: putupons12 UE diary

does statute barred cover bank accounts,loans and credit cards.???

[Deepie]

Re: putupons12 UE diary

What is statute barred debt?

Statute barred debt is debt which in certain circumstances becomes unenforceable in court. The piece of legislation which sets out these circumstances is the Limitations Act 1980. So when a creditor comes chasing you for an old debt you can use the following information to access whether or not your debt is time barred.
How long can a creditor chase a debt?

This is dependent on the type of debt you have. The most common form of debt which people ask about in our forum is unsecured debts eg credit cards, personal loans, store cards, catalogues, bank loans, finance company loans etc. The Limitations Act 1980 states that when the following conditions are met then the debt cannot be pursue through the courts.


The conditions are:-

• That the creditor has not taken court action against you, eg CCJ, AND
• You have not made any payments on the debt over the last 6 years,AND
• During the years, you haven't written to the creditor acknowledging that owe them money.

As you can see all three conditions must be met in order for the debt to be "time barred". So the answer to the above question is 6 years.5 years in Scotland.

[putupon12]

Re: putupons12 UE diary

what if you might have acknowledged the debt many years ago and have not made any payments in over six years.

[Deepie]

Re: putupons12 UE diary

what if you might have acknowledged the debt many years ago and have not made any payments in over six years.

It would still be statute barred after 6 years...........

[SaltnVinegar]

Re: putupons12 UE diary

what if you might have acknowledged the debt many years ago and have not made any payments in over six years.

Then the burden of proof would be with the creditor/DCA to show that you have acknowledged the debt in writing (i.e. you would claim that you had not and ask them to provide such evidence, making sure that you never sign any such correspondence!).

It is not unknown for some DCA's to 'make up' payments to accounts to get people to either acknowledge the debt or make a further legitimate payment.

My understanding is that once a debt becomes SB, then it stays SB, meaning that even were you to make a payment after the SB time limit by accident, you could stop payments and the debt would still be SB (willing to stand corrected on this though! )

[putupon12]

Re: putupons12 UE diary

thanks in2 deep and saltnvinger,that takes one out of the equation .

[putupon12]

Re: putupons12 UE diary

if the debt has passed the 6 years and meets the above criteria for SB can the OC/dca apply for a SD

[Deepie]

Re: putupons12 UE diary

if the debt has passed the 6 years and meets the above criteria for SB can the OC/dca apply for a SD

These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

So NO..........

[putupon12]

Re: putupons12 UE diary

thanks in2deep its just that I have been under the radar for a couple of years but have had to come out to play.