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 adding debts not on soa
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Sparkle83
Junior Member

258 Posts

Posted - 24 April 2009 :  18:48:22  Show Profile  Reply with Quote
urgent advice pls.

We've had a letter today in hubby's previous name from a collection agency who bought a debt from llyods. Debt was incurred in 1999, last contact with them (inc payments) was a letter sent in 2001 informing them of change of name and address. Surely this is now statute barred under the limitation act of 1980?
The guy he spoke to at the company was a complete idiot, shouting at him and saying that this didnt apply to their debt, and couldnt be added in the BR (it was llyods credit card & overdraft).

What do we do?

Weeks of BR

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Sparkle83
Junior Member

258 Posts

Posted - 24 April 2009 :  18:55:35  Show Profile  Reply with Quote
BTW, when the credit report in his old name was checked prior to the BR to ensure everything was on there, the credit report was completely empty, as he had his name changed by deed poll in sept 01, and therefore all further financial transactions had to be in his new name.

Weeks of BR

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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 24 April 2009 :  22:53:33  Show Profile  Reply with Quote
It seems a genuine oversight and I would arrange to get the info to the OR asap so they can deal with it.

You are right the guy on the phone was a fool and shows his ignorance of the law and the knowledge he needs for his job.

Always good to know that yet another debt collection company has such a thorough training regieme!

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com

Real People ..... Real Debt Solutions
www.revivauk.com
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chester2005
Average Member



United Kingdom
786 Posts

Posted - 24 April 2009 :  23:50:09  Show Profile  Reply with Quote
Its not like you were deliberately trying to hide anything from the OR i'm sure the OR will be OK with adding the debt to your SOA


Dave

Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
Life's too short!!!
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Sparkle83
Junior Member

258 Posts

Posted - 25 April 2009 :  19:53:40  Show Profile  Reply with Quote
So does it count as statute barred under the limitation act of 1980? Do I need to point this out to my OR?

Weeks of BR

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Sparkle83
Junior Member

258 Posts

Posted - 26 April 2009 :  20:33:01  Show Profile  Reply with Quote
From what I can see on google, it is statute barred, but would love confirmation of this :)

Weeks of BR

****5****10****15****20****25*
***30****35****40****45****50**
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Sparkle83
Junior Member

258 Posts

Posted - 28 April 2009 :  15:06:16  Show Profile  Reply with Quote
We have sent a copy of the letter from the company, plus our reply stating the last time of payment/contact and that it is statute barred under the limitation act of 1980 (sent recorded/signed for to Red Debt Collection Services today), and a covering letter explaining it all to the OR. Hopefully this will resolve the problem. I'll keep you updated.
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