Statute barred penalty fare?

[richw]

From my days as a debt collector based on the information supplied it’s definitely statute barred under the limitation act.
There are plenty of Letter templates online to send them surrounding the limitation act. Martin Lewis’ website is where most people download from.
Being time barred means they can’t enforce the debt through CCJ etc but they can still chase you through letter and phone (within limits imposed in law for debt collecting)

 

[Crofty]

I just got one of these too! I have no idea what it relates to either

 

[Butts]

From my days as a debt collector based on the information supplied it’s definitely statute barred under the limitation act.
There are plenty of Letter templates online to send them surrounding the limitation act. Martin Lewis’ website is where most people download from.
Being time barred means they can’t enforce the debt through CCJ etc but they can still chase you through letter and phone (within limits imposed in law for debt collecting)

You kept that one quiet about the debt collecting, don't recollect you mentioning it before over the last ten years.

Were you at the Diplomatic or Baseball Bat end of the market ?

 

[richw]

You kept that one quiet about the debt collecting, don't recollect you mentioning it before over the last ten years.

Were you at the Diplomatic or Baseball Bat end of the market ?

I was in the office end. Top collector 2 years in a row. Stopped enjoying it when regulations on collecting became stricter, and commission was basically banned! I could double or treble my salary with commission!

 

[Butts]

I was in the office end. Top collector 2 years in a row. Stopped enjoying it when regulations on collecting became stricter, and commission was basically banned! I could double or treble my salary with commission!

What was your most effective collection method ? - threatening them with a diet consisting solely of Ginsters products until they coughed up !!

 

[richw]

What was your most effective collection method ? - threatening them with a diet consisting solely of Ginsters products until they coughed up !!

Have a gossip build a rapport with them. Slip in some scary consequences of non payment (some may or may not have been truthful). Average collection was around £100,000 a month for each collector. I was hitting £200,000-300,000 most months!

 

[jumble]

It's important to note that the 6 year period is reset when the alleged debt is acknowledged. For example, any emails, letters or phone calls that the alleged offender may have made discussing the PF within the last 6 years.


My understanding from Stepchange's website is that this is not true

Doesn't matter if it is SB it cannot start the clock ticking again. They can keep asking nicely but best response is to write back and advise it is SB and any future correspondence would be treated as harrasment - Ferguson v British Gas is the one to quote.

I agree Ferguson v British Gas is a great one to quote
I wrote to BT's then chairman asking if he was aware of this case in a dispute where they were trying to extract money unfairly and the problem was sorted in very short order

 

[shopbford]

I agree Ferguson v British Gas is a great one to quote
I wrote to BT's then chairman asking if he was aware of this case in a dispute where they were trying to extract money unfairly and the problem was sorted in very short order

Then of course you refer them to Arkell v Pressdram.

 

[Bungle158]

Not sure if it applies to alleged cases of this nature, but with regard to some unsecured debts, including credit cards and loans, a 2019 Court of Appeal ruling dictates that the 6 year "clock" starts running from the expiry day of the default notice and not from the date of the creditor's cause for action, i. e. their right to commence legal remedy, usually by issuing a default notice. This could potentially add extra days before the 6 year period expires.

 

[shopbford]

Not sure if it applies to alleged cases of this nature, but with regard to some unsecured debts, including credit cards and loans, a 2019 Court of Appeal ruling dictates that the 6 year "clock" starts running from the expiry day of the default notice and not from the date of the creditor's cause for action, i. e. their right to commence legal remedy, usually by issuing a default notice. This could potentially add extra days before the 6 year period expires.

For the above you are thinking of Doyle v PRA Group see https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html for details