DCA chasing for and alleged credit card debt

by scrwm Mon Jul 31, 2023 8:23 pm

I have some DCA after me, i succeeded in having the record taken off my credit file as its well older than 6yrs. Now its bouncing from one DCA to the next. What is my options to stop them altogether or will this just continue?

thanks in advance

by **daveiron** Mon Jul 31, 2023 9:31 pm

CONC 7 : Arrears, default and Section 7.15 : Statute barred debts
recovery (including
repossessions)
7
G7.15.7
R7.15.8
R7.15.9
R7.15.10
n Release 29 l May 2023www.handbook.fca.org.ukCONC 7/40
It is misleading for a firm to suggest or state that a customer may be the
subject of court action for the sum of the statute barred debt when the firm
knows, or reasonably ought to know, that the relevant limitation period has
expired.
[Note: paragraph 3.15b of DCG]
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]
A firm must identify for prospective purchasers of debts arising under credit
agreements or consumer hire agreements or P2P agreements those debts
which it knows or ought reasonably to know are statute barred, so as to
avoid a firm taking inappropriate action against customers in relation to
such debts.

by memegirl777 Tue Aug 01, 2023 10:13 am

Deveiron would this roughly translate as ,
send the DCA a letter stating that you are aware that this is Statute barred ,
and maybe copy paste the above ,
Just thinking for a newbie ,

Easiest way to send a letter I find is write an email to yourself ,
Print off 2 copies ,
Send one recorded post to DCA ,
Keep a copy yourself in a file ,

by **daveiron** Tue Aug 01, 2023 10:53 am

Yes, look at the FCA handbook CONC sec 7.15.I have it downloaded as a pdf.
Of course its best to establish if it is SB and not make assumptions.As its
usual for them to appear shortly before it becomes SB.

by waylander62 Tue Aug 01, 2023 1:17 pm

it is always best to send a letter stating that you will not be making any payment towards any balance that may be outstanding on the account as it is statute barred under the statute of limitations.

see what reply you get to that in the first instance.

by scrwm Tue Aug 08, 2023 7:06 pm

Thank you @memegirl777, @waylander62 and @daveiron.

I will do as suggested. Should I not complain to the ombudsman?

by **daveiron** Tue Aug 08, 2023 7:19 pm

I would just get a letter off to them as per all the advice above.
If they continue after that then complain.

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