Dear All

Hello to everyone. I am a new member and stumbled accros this site out of pure luck.

Last Saturday I received a letter from the above collection agency saying I owed £364.08.

When I called them I found out that this was from 1997 and was at an address that I used to live with my then husband. I have no recollection of the debt but was told they had bought the debt from Great Universal which I did have an account for. I have basically panicked and offered to pay £36 per month over 10 months, and I also explained that I had been made redundant a few weeks ago and that I am a lone parent on income support.

This morning I have received a monthly incoming/outgoing statement that they want me to fill in. Do I have to fill this in?

I have also been told about the Limitation Act 1980 by a friend who tells me that as this debt is over 6 years old, they can't enforce it - is this correct?

I would appreciate any advice!

Many thanks

You have two options, Either you can ignore them , Or you can send them this, Both ways they can go spin,

WESCOT CREDIT SERVICES

PO BOX 137

DUNEDIN HOUSE

45 PERCY STREET, HULL

HU2 8HF

24 OCTOBER 2006

WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref No xxxxxxxxx CLIENT REF:xxxxxxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I 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."

I 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 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

MR xxxxxxxxxxx

Gosh

Thanks andy8, that was quick. I will send that off and see what they say. Are they likely to put any more charges on there do you think?

You should be ok with this as long as they have nothing in writing that you've acknowledged the debt. I assume you didn't send them anything in writing after their phone call stating your offer of payments ? your phone call obviously acknowledged the debt but phone calls don't count!

If for any reason you want to pay them then you should only be paying a token payment of £1 per month. As your claiming benefits the government only gives you enough to live on, not pay debts.

Good luck.

Thank you LondonPam.

I haven't written anything to them, but I have made one payment of £36 over the telephone which was last Saturday as I just panicked! Will that count?

Many thanks.

Thank you LondonPam.

 

I haven't written anything to them, but I have made one payment of £36 over the telephone which was last Saturday as I just panicked! Will that count?

 

Many thanks.

Although the debt was stature barred by paying them money you have now ressercted the debt and acknowledged it.I'll see what I can find out this afternoon and post back.

Typical! I am such a muppet!

Thanks Terminator.

It sounds like unfortunately you have now acknowledged the debt. See what the other poster comes up with, maybe there is a way out of it. Even if you do have to pay you should really reduce the amount as I stated. You've come to the right place for advice

Typical! I am such a muppet!

 

Thanks Terminator.

First thing: Don't pay them another cent or acknowledge anything in writing.The debt is stature barred under The Limitation Act(1980)

The Limitation Act 1980 | Payplan

The above link will give you all the info you need.I find it amazing that DCA's are trying to collect debts well outside of the six year limit when really they ought to know better.If anything I would either cancel the payment or ask for the money back.May I also add that if there is no signed agreement which obviously they would have to prove then not even a court can enforce the debt unless it is a CCJ which can then only be enforced by the courts.

Thank you so much everyone, I'm amazed at how quickly you have all responded. The advice has been so much appreciated.

So what do you think I should do? Send the letter that andy8 has suggested and see if they come back with anything? If they do then offer to reduce my payments?

Just had another thought!

Do you think it would be possible to offer Wescot a 'full and final settlement' figure to them? Say for example I offered to pay them £150 + (or even £100)the £36 I have already paid, this would be approx half of what they say I owe.

bump*

NO, don't offer them a penny, the debt is statute barred, they cannot enforce it, just use the route advised above.

Thank you will send the letter off today concerning Limitation Act Today and see what they come up with.

Thanks all.

xx

Ok, I have sent off the letter, quite anxious about it as I have never done anything like this before. Does anyone know what to expect?

Thanks

Probably a stinking letter back stating that you have to pay etc but stick to your guns as the others have said they cannot enforce this debt.

If they do reply badly as I predict state it again in writing. If they continue to harass you about the money there is a template on here which will sort that one out.

I would also demand the payment you made back or if it was a debit or credit card attempt to get the bank to reclaim it. The bank will probably want a good reason so someone will have to back me up here could it be considered fraudulent? Nothing is owed as the debt is not recognised under UK law could be an angle to go for a refund with?

Thanks Tristesse

Will await their reply - really not looking forward to it at all!

Dear all

There appears to be alot of conflicting advice on other threads about old debts, yes pay it, no don't acknowledge it, bin the letter etc. I am panicking as I sent a letter stating that I don't owe them the money under 'The limitation Act, even though, I paid £36 when I called them out of sheer fear and panic! I am currently on income support after being made redundant last month. This debt relates to 1997, and I can make no recollection of it all although I did have an account with Great Universal. I have moved a couple of times since then and been in my current property 4 years now.

Am I getting worked up over it unnecessarily?

Please please could someone let me know what I should do /have done

Sorry to be late in picking up on this thread but remebr the following two points

You offered them money on the phone. That doesn't count as an acknowledgement. This HAS to be in writing.

Secondly once a debt is time limited, statute barred, limitations act whatever NOTHING will unbar it and start the clock ticking again.

Thank you

I tend to panic at the drop of a hat, so will await their reply - and panic again then!!

Don't panic. Let them try and press you for the debt, if they threaten court just state that your defense will be the Limitation Act and that by contacting you they were trying to decieve you. A judge would never rule in their favour.

Thanks Darren!

" Secondly once a debt is time limited, statute barred, limitations act whatever NOTHING will unbar it and start the clock ticking again."

Sorry, Neil, you're wrong. Making a payment resurrects it.

Den, get that payment stopped. Do it first thing Monday, of you haven't done it already.

Best

westy

Hi westy

I guess it must be too late now then, as I made the payment over the telephone using my debit card?

Den

Call the bank. They're the only ones who can stop it or even tell you if it's too late. Explain that you were pressurised into making a payment. They may be sympathetic.

Good luck