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Global Debt recovery advice - Darren 2019-07-04 19:09:28
Hi, I’m after a bit of advice regarding global debt recovery. My Dad received a letter from them saying he owed something and I sent them back the statue barred letter only for them to say, they will send out baliff if no reply in 14 days, not sure what this debt is but is definitely 20+ years old and would like some advice on what to do next. Thank you!

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[No Subject] - Jane Clack 2019-07-04 23:19:40
Hello

I am sorry but we are having problems logging into the admin part of this site.

If the debt was incurred in England or Wales, or indeed Scotland and nothing has been paid to the debt since it was defaulted, it has not been acknowledged in writing and the creditor has not gone for a county court judgment, in the last six years (5 years in Scotland) then the debt is out of time to be collected through the courts. It still exists but they cannot take your father to court to collect it. If there was a county court judgment for this debt and it no longer appears on his credit report (as they only sit there for 6 years) then the creditor is at liberty to return to court to ask for enforcement action. However, this is at the court's discretion as they need to know why it was not enforced before - perhaps a different address?
You sent the statute barred letter - I am assuming you sent this on behalf of your father. You now need to write and ask why they are talking about enforcement action for a debt that is statute barred and refer them to CONC - the Financial Conduct Authority's handbook and suggest they get up to date with the provisions in
CONC 7.15.8R01/04/2014
RP



A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.


[Note: paragraph 3.15b of DCG]

The whole section can be found at
https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

I hope this is of help.

Re: Global Debt recovery advice - Jane 2019-07-17 09:19:21
I have now been able to log in and remove all the spam and hope the answer was of help.

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