Debt collectors

[Chris_Sleeps]

Citizens Advice - How to dispute a debt.

 

Get in touch with these people if you feel you have need of them.

[bobsdadsbro]

it used to be seven years but now 6 years

[V.Rossi]

Unsecured: 6 yrs

Secured: (I think) 24yrs.

 

A phone bill is unsecured so six.

 

Just ignore them though, debt collectors have no rights of access unless you firstly invite them in, after which they can gain access in whatever which way they want.

 

The only debt collectors that legally have the right to smash your door in etc are those sent by HMRC or the magistrates court.

[HeadingNorth]

Just ignore them though, debt collectors have no rights of access unless you firstly invite them in, after which they can gain access in whatever which way they want.

 

That's true of properly appointed bailiffs but it is not true of debt collectors. And it's only true of bailiffs if there has been a CCJ and you've not adhered to it. Large people called Vinny turning up and claiming to be bailiffs when there has been no CCJ are almost certainly breaking the law; if they force entry, they are definitely certainly breaking the law, whether they've previously been into the property or not.

 

 

2006 is less than six years ago, so I'm not sure whether the best policy is "total ignoral" or a letter explaining that you do not owe any money, never did, and will treat any further letters as a harassment case.

[ronthenekred]

That's true of properly appointed bailiffs but it is not true of debt collectors. And it's only true of bailiffs if there has been a CCJ and you've not adhered to it. Large people called Vinny turning up and claiming to be bailiffs when there has been no CCJ are almost certainly breaking the law; if they force entry, they are definitely certainly breaking the law, whether they've previously been into the property or not.

 

 

2006 is less than six years ago, so I'm not sure whether the best policy is "total ignoral" or a letter explaining that you do not owe any money, never did, and will treat any further letters as a harassment case.

 

Stand to be corrected but the 6yrs are from the point of no contact between both parties. Making contact will just reinvent the 6yrs. It sounds to me like a 3rd party has purchased a long outstanding debt, probably for pennies. If I was the OP I would return the next unopened letter with 'No longer at this address', or just ignore. If any of them had any clout they would have made their move well before now.

 

Edit: Auto beat me to it.

[HeadingNorth]

Stand to be corrected but the 6yrs are from the point of no contact between both parties. Making contact will just reinvent the 6yrs.

 

Auto98uk has made the same point, and in light of that I'm inclined to say that "total ignoral" is indeed the best policy. (I wouldn't risk returning it to sender, because that might end up being counted as contact if they can persuade a judge that you're the one who returned it...)

 

It may not work, because a phone company, of all people, is likely to give you a call and check who you are before telling you they want their money back. That would count as a contact if you've confirmed your identity.

[ronthenekred]

Auto98uk has made the same point, and in light of that I'm inclined to say that "total ignoral" is indeed the best policy. (I wouldn't risk returning it to sender, because that might end up being counted as contact if they can persuade a judge that you're the one who returned it...)

 

It may not work, because a phone company, of all people, is likely to give you a call and check who you are before telling you they want their money back. That would count as a contact if you've confirmed your identity.

 

On reflection I agree......

[MC Spyda]

Copy pasta...

 

Once the 6 years are up, check your credit history with the 3 credit companies. If all 3 show no debts, then they are statute barred (over 6 years - 5 for Scotland), and will have dropped off your credit file.

 

If you still get letters chasing debts that are statute barred, file them in the bin or send them this letter:

 

Dear Sirs,

 

Re: Statute Barred Account - Numbered - XXXXXXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I look forward to your reply.

 

Yours faithfully

 

 

 

 

Sign digitally

[clownaround]

It is actually illegal to pass it over to a debt collector, as you signed the contract with 3 mobile and not the debt collectors.If they do come knocking this is what i did.

 

http://www.google.co.uk/url?sa=t&source=web&cd=7&ved=0CFMQFjAG&url=http%3A%2F%2Fezinearticles.com%2F%3FDebt-Collectors-and-the-Law---Know-Your-Rights%26id%3D3231761&ei=jIveTYO4M5C68gPyjvSfCg&usg=AFQjCNFOjz1qm3Y8f_0CqBQODlqTPNd7ew

 

The link you provided is American and therefore the rules are not the same.

[davyboy]

Go to the CAB for a definitive answer.

In the meantime DO NOTHING.