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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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im a sick old age pensioner and I keep getting letters from

Resolved Question:

im a sick old age pensioner and I keep getting letters from debt collectors ive asked for any papers that I have signed and they said their client has lost them ive told them im sure it wasn't me but they still keep sending me scarey letters the time they are asking for the council took my home and destroyed everything in it by mistake I took them to court and got a new home but not all the papers they destroyed im very sick and don't no how much I can take of the threats miss l a newey
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I do not quite understand - have they taken you to Court and won please?

Customer:

I have learned nothing from you yet I cant afford my money for no reply now you have me crying that was my last money in bank

Alex Watts :

Yes I have not answered the question yet.

Alex Watts :

I asked: I do not quite understand - have they taken you to Court and won please?

Customer:

no they have not taken me to court just sent threating letters

Alex Watts :

Ok - what is the debt for? When did you last make a payment on it please?

Customer:

I don't no what the debt was for they just keep saying I owe their client over a 1000 pound

Alex Watts :

When did you last pay it please?

Customer:

in the beginning of chat I explained council destroyed all my papers by mistak

Customer:

I don't think I have they are talking about 15 years ago

Alex Watts :

But its not a Council debt?

Customer:

no I think they are talking about a loan or caterlogue im not sur

Customer:

can they just come in and take my home

Alex Watts :

But they havent taken you to Court?

Customer:

no ive had no court papers

Customer:

last letter says if I don't pay they will to higher debt collectors

Alex Watts :

Ok its good news

Alex Watts :

You need to write and enclose a cheque for £1 saying you wish to see a copy of any credit agreement together with a full statement of account.

Alex Watts :

By law they have 12 days to supply this.

Alex Watts :

You need to write and say that you DO NOT ACKNOWLEDGE THE DEBT

Customer:

if they had my signature I would understand what it is their client has not got 1 lost they said

Alex Watts :

Then once you get a statement of account if it has been 6 years or more since you last paid, or acknowledged the debt then it is STATUTE barred under the Limitation Act

Alex Watts :

This means that they can NOT claim it back via the Court.

Alex Watts :

But you need to follow this process.

Alex Watts :

If they have lost the paperwork they can NOT prove the debt

Alex Watts :

They can NOT come into your house and they can NOT take anything away without a Court order

Alex Watts :

You would know if they had a Court order because you would have had notice of proceedings

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You dont need to worry - if they do NOT have evidence it is your debt, you have nothing to worry abou

Alex Watts :

* about *

Customer:

thank you very much I can get some sleep now again thank you very much

Alex Watts :

I am glad to have been able to help

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

can they take court proceedings without telling me

Alex Watts :

No - you would be notified of this and be able to defend it on the above basis.

Alex Watts :

The claim is statute barred and out of time

Alex Watts :

But remember - DO NOT ADMIT ANYTHING

Alex Watts :

Does that help?

Customer:

yes thank you goodbye

Alex Watts :

Goodbye have a good weekend and please remember to leave feedback before you go.

Customer:

Full Size Image

Alex Watts : Thanks!
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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