Thread: Have you received threatening demands for debts older than 6 years?

Hi
can anyone let me have a link to a template, I have a firm of solicitors trying to chase a debt from 1st May 2001(judgement order) I have sent them the credit agreement letter and they sent 1 back saying contact the court direct as they didnot have one??? but they still keep chasing this debt. I believe there is a template containing the legal jargon for debt over 6 years old but cannot find it
any help would be most appreciated

A Debt Collecting Agency have written to me regarding a debt from 1994, and I would appreciate any help regarding the wording of a letter to the Debt Collecting Agency and also to OFT.

Many thanks,

seeker27

seeker27 Click Here

scroll down to Letter M

and write in big letters at the top

"I do not acknowledge any debt with your Company"

Originally Posted by Wills03

Hi
can anyone let me have a link to a template, I have a firm of solicitors trying to chase a debt from 1st May 2001(judgement order) I have sent them the credit agreement letter and they sent 1 back saying contact the court direct as they didnot have one??? but they still keep chasing this debt. I believe there is a template containing the legal jargon for debt over 6 years old but cannot find it
any help would be most appreciated

can anyone tell me if this template stands for mobile phone contracts too? this would be much appreciated
thanks

Hi,
My husband has just received a court claim form for a debt he stopped paying in July 2001. He heard nothing until Feb 2006 when he received a letter from Marlin & agreed over the phone to pay £10 a week after they threatened that we could lose our house if he didn't pay (in hindsight we should have known it wasn't that simple but with a 6 week old baby you tend to panick). He made these payments for almost 2 years & stopped them after receiving a letter which had added £2000 onto the orignal amount with no explanation & then demanded £200 per month or it would go to court.
Can anyone tell me if the '6 year rule' would stand with this debt as it is now 7 years but he did make some payments.
Any help will be very welcome.
Thanks

Hi,
Thanks for quick reply. He sent a CCA request in Jan this year & they sent a photo copy - have I read somewhere that they should have the original?
Also, he signed the agreement dated 16/02/2001 but the witness signature is dated 23/02/2001 - do we have something to go one here or am I just clutching at straws?
Thanks

You should post a copy of what they sent you on here (minus personal details) and we can advise you if it is Enforcable

Hi,

I just joined this site and am a little confused at all the threads, but I think this is the one that I should be on.

As I said in a hello post, I received a demand from Connaught Collections UK Ltd on Thurs demanding a large amount of money with the ref 1st credit Ltd and Natwest.

I last heard from Natwest in June of 2002 via a phone call. I explained that I was unemployed at the time and asked them to write to me to detail what I owed (I had a bit of a Breakdown in 2001 and honestly don't remember to this day what I owed to whom). I never heard from them again and now I get this letter out of the blue.

I'm panicking! Do I respond? Is this an example of 'statute barred' as it's just over 6 years since any communication about this debt was received.

It's all such a mess. I'm really not in any position to clear this at the moment and don't know what to do.

Any help would be much appreciated!

Originally Posted by ostrich_70

Hi,

I just joined this site and am a little confused at all the threads, but I think this is the one that I should be on.

As I said in a hello post, I received a demand from Connaught Collections UK Ltd on Thurs demanding a large amount of money with the ref 1st credit Ltd and Natwest.

I last heard from Natwest in June of 2002 via a phone call. I explained that I was unemployed at the time and asked them to write to me to detail what I owed (I had a bit of a breakdown in 2001 and honestly don't remember to this day what I owed to whom). I never heard from them again and now I get this letter out of the blue.

I'm panicking! Do I respond? Is this an example of 'statute barred' as it's just over 6 years since any communication about this debt was received.

It's all such a mess. I'm really not in any position to clear this at the moment and don't know what to do.

Any help would be much appreciated!

Ostrich you really need to start your own thread. Send CONnaught the Statute Barred letter below. Its up to them to prove a debt is not Statute Barred not up to you to prove it is.

Dear Cretins

Acc/Ref No

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.

Yours faithfully


I M Wise To-You

Originally Posted by letitbeme

Hi, I have an on going court case that may be statute barred, I say maybe because the cause of action date is in dispute by the claimant (Link say Default Notice Date and I say the date of missed payment)

No payment to MBNA since 1st OCT 2000 - Notice of Default (supposedly issued on 20th Aug 2001.) - Court action started on 19th Mar 2007 - is this action Statue Barred?

Regards LIBM

Clarification re Statute Barred

Letitbeme You would be better starting your own thread. The Statute Barred date is six years from the last payment or written acknowledgement of the alleged date. The default date has sweet FA to do with it. Once a debt becomes Statute Barred NO enforcement action can be taken against it

Hi ODC,

I've never been on a forum before, so am unfamiliar with the conventions!

Thanks for the letter. I have to admit I'm frightened to contact them. If I write to them won't it just start it all up again?

Originally Posted by ostrich_70

Hi ODC,

I've never been on a forum before, so am unfamiliar with the conventions!

Thanks for the letter. I have to admit I'm frightened to contact them. If I write to them won't it just start it all up again?

No. If they continue to harass you after you tell them the alleged debt is statute barred then there are plenty of Legal remedies to sort them out.

Hi, ODC, I have started a thread which covers quite a lot regarding statute bared, I have posted in this thread a link to my thread for clarity on the subject. I hope it is helpful to the new members or visitors of this forum.

Click to see the thread Clarification re statute barred

Hi all,
First time poster so be gentle with me.

I've been reading the absolutely fantastic advice contained within this site and it heartens me that there is a collective fight back against the sometimes sinister and rogue practices that go on in the credit industry.

Anyway, remarkably i've received a letter completely out of the blue from Red Castle Recoveries stating that I owe in excess of £10,500 on an unsecured loan via Marks and Spencer Money. Nothing remarkable about that, but the debt is at least 15 years old and I have never received correspondence from from them in that time. Not even a court summon, default letter nothing!! Admittedly, I lived somewhere else when I took the loan out way back far more that a decade and a half ago, but moved to my present address in the midst. I can only assume the debt recovery people have trawled the voters roll and credit reference agencies etc. and found me at my new adddress despite me living there way over a decade.

The debt collection agency threatens to send a door step agent out to my address but says that if I pay up within 10 days they'll reduce the outstanding debt alleged to be owe by £4,000. I have not answered yet but i very tempted to as I am buoyed up by the gems of wisdom and informationed within this site.

Any direct advice one give please?

Thanks.

Blue

If a period of 6 years elapsed without a payment or written acknowledgement of the debt then it is Statute Barred and cannot be enforced. Send them this

Dear Cretins

Acc/Ref No

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.

Yours faithfully


I M Wise To-You


and as regards their doorstepping threats send this.

doorstep collection VISIT – PLEASE READ CAREFULLY

YOUR REF 123456


Dear Cretins

I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.


Send both letters in the same envelope. do not sign them and DO send by recorded delivery. You should start your own thread on this