Firstly if you have not either acknowledged nor made a payment in the last 6 years then this debt is statute barred - although you are still in debt - this cannot be legally enforced (it is of course up to you if you want to settle the debt). Firstly DO NOT CALL THEM. I think if you send them this letter....remember DO NOT hand sign it....
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
1 High Street,
June 28, 2006
The Loan Company
Acc/Ref No 4563210025897412
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.
We would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.
The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.
We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.
We look forward to your reply.
Mr A N Other