Help! need further advise...

[42man]

Well you MUST send them (by recorded delivery) the statute barred letter which is letter 'M' from here.... http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html You can see in the letter that the OFT, state that continuing to press for payment can be classed as harrassment....you don't want to let this go to a CCJ or a stat demand as you will waste more time....

[42man]

By all means hand write it...and send it by recorded delivery....

[42man]

If they carry on hassling you after you have sent this letter, please speak to your local MP or Trading Standards....it is basically harrassment to keep pressing you after you have stated that you will not be paying anything towards a statute barred debt...

[42man]

So the default was issued on the 22nd October !! it makes no difference when the default was issued it is stat barred if you haven't made a payment NOR acknowledged the debt in 6 years....THEY ARE LYING !!

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear sir/madam,

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

 

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

 

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

 

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[42man]

Send this by recorded delivery.... and also write in the letter that if you have to write again you will send them an invoice for £12 for your time.