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jimmy42
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Greetings forum people,

 

My parents in the UK have just received a very polite letter from SLC asking that I pay them the 705 pounds I was loaned in 1993.

 

I've been in Australia for the last 9 years and have been in contact with SLC about a different loan that I pay off in monthly installments.

 

Given that they've only just contacted me about this debt after all these years, can i claim that the debt is now statute barred?

 

Should I write back to them and advise them of my position?

 

A Mackenzie Hall debt collection Agency letter arrived at the same time for the same debt, is it safe to ignore them?

 

Many thanks for any input,

 

Jimmy :roll:

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Dear Sir/Madam,

 

Acc/Ref No 93xxxxxxxxx

 

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 Office of Fair Trading 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 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

Your last communication is a notice of intent to issue a county court claim.

 

The OFT guidance states that you should not attempt to mislead me by saying you may take legal action against me when you cannot.

 

The FraudAct2006. “Fraud must give a gain of money or property”

The Act creates a new general offence of fraud with three ways of committing it, one of these is:

  • Fraud by false representation

Section 2 Fraud by false representation

(1) A person is in breach of this section if he-

(a) dishonestly makes a false representation, and

(b) intends, by making the representation-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if-

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) "Representation" means any representation as to fact or law, including a representation as to the state of mind of-

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

Your letter dated xx/xx/xx in which you state that you are preparing papers for court to be served upon me is a breach of OFT rules and the guidelines of the Civil Court Users Association, of which you are a member. The letter is also an attempt to enrich yourselves by making a false representation in that you may use the Civil Procedures to take action against me. Such behaviour could be fraud as defined above.

 

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.

 

If you continue to harass me I will take action against you in the County Court for damages, and costs in dealing with this matter.

 

I will also lodge a complaint with the OFT, Trading Standards and the Financial Ombudsman. Whilst I appreciate this would not deter you from your potentially illegal actions there is the chance that if enough consumers make valid complaints you may get your Consumer Credit License revoked.

 

Additionally you are required to remove any default or registration with any credit reference agencies which you have made. If you fail to comply with this within 28 days, I will take action in the County Court against xxxxxxxxx for breach of the Data Protection Act.

 

 

Finally any attempt to use civil procedures to obtain monies from me will be vigorously defended as an abuse of the legal process. A counterclaim for damages will be issued together with a claim for full costs.

 

I look forward to your reply.

 

Yours faithfully

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Hi Jimmy

 

Nice to see you in your own thread.

 

Let us know how you get on.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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