Would like to have any suggestions on what to do.please.
A debt with MBNA became statue barred in February 2011 and it was subsequently removed from my credit file by Experian. In November 2012 I started to receive phone calls from the DCA (which I didn't answer) and they left voicemail stating that they're calling about this original debt dating back to September/October 2003. These I ignored and by January 2013 I was receiving 3 to 4 calls a day for 4 days out of the week. One call was even at 8.45pm which but my back up. They also started writing letters to my neighbours during the latter part of 2012 enquiring as to my whereabouts and my address details, which I found to be an invasion of my privacy. They also started writing me letters "begging" that I contact them to pay the debt. These I ignored as the debt was statue barred and in September 2012 I wrote to them stating that the debt was statue barred to which they just carried on sending me letters asking for payment.
September 30, 2012 Letter:
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 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 CPUTR2008
I 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.
I look forward to your reply.
This letter was never replied to by the DCA.
As a result of the phone calls and letters I wrote the following letter January 11, 2013 to them:
"Dear Sir / Madam
Your reference :
I refer to your letter of January 2, 2013.
For the purposes of clarity and the avoidance of doubt, please take careful note of the following :
1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.
2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.
3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).
4. I wrote to your company on September 30, 2012 explaining that I had no wish to pay towards a debt that was barred by the statute of limitations Act 1980.
5. I am now of the view that your actions are of pure harrassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.
6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again, that even if the debt were mine, I would not pay it.
7. I am sure you are also aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.
I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and Undersecretary Of State For Trade And Consumer Affairs.
I hope this letter makes my position COMPLETELY clear."
I also sent them the following letter
January 11, 2013
Legal notice under the Data Protection Act 1980
To: The Data Controller/Compliance Manager
(their address and details)
Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically, with third party individuals and organisations. In addition to processing, this also means passing, ammending, sharing and management in any form of my Data in whatsoever filing, both manually or electronically.
In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.
The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files, which relate to unfair charges currently in dispute, and found by the Office of Fair Trading to be unfair.
(ii)That recorded defaults on my credit files by yourselves are in dispute.
(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.
(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.
(iiii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services.
(iiiii)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein within the act.
I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so. I will give you 14 (fourteen) days from date of this notice to forward this to me in writing.
Under the Data Protection Act, a county court has the powers to order compliance of any breaches it sees fit together with compensation at the discretion of the court.
Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance together with costs and compensation.
January 21, 2013 the DCA replied to state that after investigations that the debt was not statue barred as a payment had been received on May 10, 2011. This I find rather amusing as I was not in the country on that date and also I limited sight after undergoing major eye surgery which prohibited me from conducting any form of business for 12 weeks. After my letter of January 11, 2013 to the DCA all phone calls and letters have ceased.
The DCA letter also states that they're within their rights to now pursue this debt as payment was received on 10 May 2011, however I did not make any payment, as why would someone give a token payment after the debt has been cleared as being statue barred.
The DCA has now reinstated the debt on my credit file, after it was removed as being statue barred in February 2011.
I wrote to the DCA January 31,2013 asking for proof of this payment as it was not made by me and also stating that I was not able to contract and business over that period due to my eye surgery. This letter they've not replied to.
On March 4, 2013 they wrote to me stating
" Further to our letter dated January 21, 2013 regarding the above account, we note no response has been received. (Obviously my letter of January 31, 2013 doesn't in their opinion constitute a response)
Due to the above, we have been left with nooption but to request you now accept this letter and our letter of 21 January 2013, acopy of which is enclosed, as our final response in this matter.
If you are dissatiesfied with the outcome of your enquiry you may refer to the Financial Ombudsman ......"
I do find that if mail addressed to them is not recorded then they don't reply.
I'd appreciate to hear of any suggestions on the next step I should take.
Thank you all