14 year old debt

[DoubleVee]

My parents have a letter at their address from JB Debt Recovery over a debt my sister owes. It was a Yorkshire Bank credit card or loan IIRC and is for about £3000. It's in my sisters maiden name, and she's been married almost 13 years and hasn't spoken to any of the companies involved since defaulting on the argreement 14 years ago. Can they still persue her?

[spamheed]

Not a chance

 

If there has been no acknowledgement (in writing) or payment made against a debt for 6 years then that debt is deemed to be statute barred and is pretty much done and dusted.

 

it would probably be wise to write them a "prove it" letter.

ie I dont know what you're talking about, can you please provide me with proof that the debt is genuine and valid

 

dont sign anything and make sure you obtain proof of posting and delivery

[DoubleVee]

Not a chance

 

If there has been no acknowledgement (in writing) or payment made against a debt for 6 years then that debt is deemed to be statute barred and is pretty much done and dusted.

 

it would probably be wise to write them a "prove it" letter.

ie I dont know what you're talking about, can you please provide me with proof that the debt is genuine and valid

 

dont sign anything and make sure you obtain proof of posting and delivery

 

Cheers spamHEED Knew you were from up our way when I saw the word "heed" :grin:

 

When you say sign nothing, do you mean the letters you send them?

[PossVox]

Hi,

 

A debt becomes "Statute Barred" after 6 years have elapsed and no written acknowledgement of the debt and no payments have been made in that time.

 

Seems like some of the DCAs buy up statute barred debt very cheaply and then try to persuade people to cough up the money because they don't know their rights.

 

You've found CAG and so now you DO know your rights!

 

You should send them this letter edited to suit:

 

1 High Street,

Newtown,

Kent

R21 4RH

June 28, 2006

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

Mr A N Other

 

 

PRINT your name, DO NOT SIGN the letter.

 

Send by recorded or special delivery and keep your receipt.

 

Good Luck!

 

PV