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My lay understanding of a debt being statute barred after 6 years is if the creditor does not pursue the debt for 6 years it becomes statute barred.


IN this case it sounds as if the new assigned creditor wrote to you in 2014 (and more recently) demanding payment so the 6 years starts again.


You should really seek legal advice.


Do you dispute the debt they are pursuing?
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Dealing with Debt / Statute Barred Credit Card Debt - need some help please!
« Last post by Darcy707 on Mar 08, 2018, 05:12:25 PM »
Hello,  I am new to this site and need help on the following – I know it is not legal advice just educated opinions, but any  help would be great:
It refers to a disputed credit card debt that was defaulted back in January 2012 (over 6 years ago).  In September 2014 the debt was sold on to a debt collection company.  I wrote to the debt collection company back then which included the following paragraph:
Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.
I have continuously asked for proof of debt between then and now.  They have sent me information,  but has does not included all of the information I have asked for.
They wrote back in February 2018, after the 6 year statute barred period and have stated that they consider the statute barred period has not ended because of what I wrote to them (in 2014) in italics above is acknowledgement of debt.  They have basically said that they have provided the ‘evidence’ and that I had said that if they had done that I would pay.  This is not what I wrote means and I think they are trying to mislead me.  I basically meant that if they provide sufficient evidence – but what they have provided is insufficient in my view and this has never be put before a judge to decide.
Are they right or is this now statute barred?  I know you don’t have the complete information from the last 6 years, but some opinions would be greatly appreciated.  As I have already mentioned I have never acknowledged or made any payment to this debt within the last 6 years.
Thank you
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Dealing with Debt / Re: IVA good idea?
« Last post by Scrooge on Mar 02, 2018, 12:31:58 AM »
If you have a lot of equity in your house the creditors may not accept an IVA although there's no harm in trying. Bear in mind creditors could apply for Charging Orders on your property if you are not in an IVA which would secure the debt against your house. Those are to be avoided at all costs as they can be enforced legally.
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A further update in relation to the above. I followed the process the way I've described. The Mandatory Reconsideration Decision took about 3 weeks and of course it stated that the original decision stands, what a shock that was ;D . Totally predictable. I submitted an Appeal to the Tribunal Service the same day by recorded delivery. A letter came back from them within a week acknowledging the Appeal request. I then sent a copy of that to the DWP requesting my ESA be re-instated immediately including any arrears due, pending Appeal. The DWP then re-instated my ESA at Assessment Rate within a week or so which will stay in place until the Appeal takes place. Remember, when they boot you off ESA after the Work Capabiity Assessment try and avoid claiming Universal Credit because if you do, you cannot get back on ESA.


So to summarise......how to beat the despicable DWP tactics:


1. Throughout all of this you must continue sending continuous GP lines to DWP ESA, even when you are booted off ESA and even if you are claiming contribution based Jobseeker's Allowance. Do not stop submitting GP lines after your WCA says you are fit for work!


2. As soon as you are informed you have been found fit to work after a WCA, request a Mandatory Reconsideration of Decision by recorded delivery mail and keep a copy of the letter.

3. When that comes back saying the original decision stands (which it almost certainly will), send an Appeal to the Tribunal Service by recorded delivery mail and keep a copy of the letter.


4. When the Tribunal service acknowledge your Appeal request, send a copy to the DWP with a letter by recorded delivery mail, requesting your ESA be re-instated immediately along with any arrears due pending Appeal.


5. Wait a few days then if DWP have not contacted you or re-instated your ESA, phone them to give them the polite hurry-up. ;D


As over 5000 people have read this thread already it's clearly a major issue for thousands of people, so follow what I have described carefully and your ESA will be re-instated until your Tribunal Appeal. The real reason Mandatory Reconsiderations were introduced by this rotten Government, was to get people off ESA and hope they either wouldn't know they could Appeal or how and when to do it, so use this thread to defeat their despicable underhand tactics.


I'll be happy to answer any questions here or in a private message.




Please note: my comments are based only on my own experiences of debt and the benefits system, it is always best to contact a professional debt adviser/Citizen's Advice etc for advice.


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Dealing with Debt / Re: IVA good idea?
« Last post by Lisa Thomas on Feb 16, 2018, 11:48:25 AM »
Hi


If an IVA is approved, all creditors (regardless of whether or how they voted) are legally bound by it so cannot take any further action against you (unless it fails).


5 years plus one year extension in lieu of the equity is the standard term for IVAs that use standard 'Protocol' Terms and conditions.


It has to be attractive to creditors for them to accept it, when compared to Bankruptcy and what dividend they might get if Bankruptcy took place.


You will need 75% of creditor in value that vote, to vote in favour to get the IVA approved.


Are they suggesting your only asset in an IVA would be contributions from your income and that they would be £120 per month?  This is quite a low return to creditors and would need to be attractive when compared to bankruptcy si will depend on what equity you have in your home.
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Dealing with Debt / IVA good idea?
« Last post by Maxyspeakman on Feb 15, 2018, 09:49:30 PM »

I applied online for debt help with a company called brighter future solutions, I have around £20,000 with Loans & credit cards I'm paying around £500 a month. I was told by the advisor I can write off a high percentage of my debt, they were very In depth and went through everything with a fine tooth comb.


They lowered my payments to £120 a month but because I've got a property with a lot equity in it they said the term would be over 6 years, I'm a little bit worried that the creditors will take further action is this possible once the agreement has been set up?


Ive had a few missed payments and I'm really struggling, is it genuine can I really write off most of the debt I'm worried it's a scam! Seems to good to be true.
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Here's some more information about the Mandatory Reconsideration. If you apply for this with further medical evidence or inform them you are obtaining further medical evidence , bear in mind this is highly likely to delay the process even more, as there's no time restriction on how long they are allowed to make the decision. How many decisions do you think they overturn after a Work Capability Assessment has deemed you fit for work? I personally suspect next to none. Therefore, the best way to deal with this discriminatory process is to send them a letter by recorded delivery clearly stating why you disagree with the WCA decision and requesting a Mandatory Reconsideration. That way you will get a decision back probably within 2-4 weeks. When the decision arrives telling you the original decision stands, you should then submit an Appeal to the Tribunal Service as soon as possible along with any additional supporting medical evidence. You must submit your Appeal within 28 days of the date on the Mandatory Reconsideration Decision letter. As soon as that Appeal is lodged with the Tribunal service, the DWP have to re-instate your ESA at Assessment Rate until the Appeal takes place and that's not likely to happen in a hurry. Waiting times of 4-6 months and longer are not uncommon.


Remember, don't get caught out by their sneaky underhand rule of once you claim Universal Credit you can't get back on ESA, even pending your Appeal to the Tribunal.


You can still claim Jobseeker's Allowance even if you have doctor's lines saying you are Unfit for Work. The Job Centre has to take your medical condition into account so they can't subject you to the same ridiculous rules that apply to 'jobseekers' who do not have sick lines.


During the Mandatory Reconsideration period and when you have submitted an Appeal to the Tribunal and during the months before your Appeal takes place, you must continue sending sick lines to DWP ESA even if you are claiming Jobseeker's Allowance. In short, make sure there are no breaks in any of your sick lines and continue submitting them throughout the whole process.




Please note: my comments are based only on my own experiences of debt and the benefits system, it is always best to contact a professional debt adviser/Citizen's Advice etc for advice.[/size]
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Bankruptcy / Re: NT IPA Question
« Last post by Lisa Thomas on Feb 09, 2018, 09:32:00 AM »
Your income will be monitored throughout the period (norm is one year) that you are Bankrupt so if it changes before you are discharged they can put an IPA in place.
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Bankruptcy / NT IPA Question
« Last post by sboy90 on Feb 08, 2018, 07:40:00 PM »

Hello


I became bankrupt in May 2017, I had no disposable income and so I was issued with a NT tax code and an IPA to pay until April 2018. Assuming I have no change in circumstances between name and April 5th 2018 and the IPA is fulfilled (Last payment is due end of March) what happens if I we to get a new job or pay rise post April 5th but before discharge in May 2018, can the OR issue a new IPA or is it a one shot thing?


Thanks
sboy90
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Dealing with Debt / Re: Halifax Visa
« Last post by Lisa Thomas on Jan 22, 2018, 12:00:37 PM »
Best of luck.
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