Questions from : Have you received threatening demands for debts older than 6 years?

[Wills03]

The following posts have been removed from the information thread of the same title. HERE

 

Hi

can anyone let me have a link to a template, I have a firm of solicitors trying to chase a debt from 1st May 2001(judgement order) I have sent them the credit agreement letter and they sent 1 back saying contact the court direct as they didnot have one??? but they still keep chasing this debt. I believe there is a template containing the legal jargon for debt over 6 years old but cannot find it

any help would be most appreciated

Edited December 5, 2015 by citizenB

[seeker27]

A Debt Collecting Agency have written to me regarding a debt from 1994, and I would appreciate any help regarding the wording of a letter to the Debt Collecting Agency and also to OFT.

 

Many thanks,

 

seeker27

[stikky62]

seeker27 Click Here

 

scroll down to Letter M

 

and write in big letters at the top

 

"I do not acknowledge any debt with your Company"

[daisychain111177]

Hi

can anyone let me have a link to a template, I have a firm of solicitors trying to chase a debt from 1st May 2001(judgement order) I have sent them the credit agreement letter and they sent 1 back saying contact the court direct as they didnot have one??? but they still keep chasing this debt. I believe there is a template containing the legal jargon for debt over 6 years old but cannot find it

any help would be most appreciated

can anyone tell me if this template stands for mobile phone contracts too? this would be much appreciated

thanks

[stikky62]

If you've not made a payment or admitted to the debt in the past 6 yrs,,,then yes.

 

( The Limitation Act 1980 )

Edited July 3, 2008 by stikky62

[waroo]

Hi,

My husband has just received a court claim form for a debt he stopped paying in July 2001. He heard nothing until Feb 2006 when he received a letter from Marlin & agreed over the phone to pay £10 a week after they threatened that we could lose our house if he didn't pay (in hindsight we should have known it wasn't that simple but with a 6 week old baby you tend to panick). He made these payments for almost 2 years & stopped them after receiving a letter which had added £2000 onto the orignal amount with no explanation & then demanded £200 per month or it would go to court.

Can anyone tell me if the '6 year rule' would stand with this debt as it is now 7 years but he did make some payments.

Any help will be very welcome.

Thanks

[tiglet]

No, because he made payments within the six years, so I'm afraid the debt is not statute barred (unless, possibly, it's in Scotland where the Statute of Limitations is five years)

[tiglet]

Sorry, should have said - he should send a CCA request to ensure they have a legal right to collect the debt.

[waroo]

Hi,

Thanks for quick reply. He sent a CCA request in Jan this year & they sent a photo copy - have I read somewhere that they should have the original?

Also, he signed the agreement dated 16/02/2001 but the witness signature is dated 23/02/2001 - do we have something to go one here or am I just clutching at straws?

Thanks

[ODC]

You should post a copy of what they sent you on here (minus personal details) and we can advise you if it is Enforcable

[ostrich_70]

Hi,

 

I just joined this site and am a little confused at all the threads, but I think this is the one that I should be on.

 

As I said in a hello post, I received a demand from Connaught Collections UK Ltd on Thurs demanding a large amount of money with the ref 1st Credit Ltd and Natwest.

 

I last heard from Natwest in June of 2002 via a phone call. I explained that I was unemployed at the time and asked them to write to me to detail what I owed (I had a bit of a breakdown in 2001 and honestly don't remember to this day what I owed to whom). I never heard from them again and now I get this letter out of the blue.

 

I'm panicking! Do I respond? Is this an example of 'statute barred' as it's just over 6 years since any communication about this debt was received.

 

It's all such a mess. I'm really not in any position to clear this at the moment and don't know what to do.

 

Any help would be much appreciated!

[letitbeme]

Hi, I have an on going court case that may be statute barred, I say maybe because the cause of action date is in dispute by the claimant (Link say Default Notice Date and I say the date of missed payment)

 

No payment to MBNA since 1st OCT 2000 - Notice of Default (supposedly issued on 20th Aug 2001.) - Court action started on 19th Mar 2007 - is this action Statue Barred?

Regards LIBM

 

Click to see the thread Clarification re Statute Barred

Edited July 5, 2008 by letitbeme

[ODC]

Hi,

 

I just joined this site and am a little confused at all the threads, but I think this is the one that I should be on.

 

As I said in a hello post, I received a demand from Connaught Collections UK Ltd on Thurs demanding a large amount of money with the ref 1st Credit Ltd and NatWest.

 

I last heard from Natwest in June of 2002 via a phone call. I explained that I was unemployed at the time and asked them to write to me to detail what I owed (I had a bit of a breakdown in 2001 and honestly don't remember to this day what I owed to whom). I never heard from them again and now I get this letter out of the blue.

 

I'm panicking! Do I respond? Is this an example of 'statute barred' as it's just over 6 years since any communication about this debt was received.

 

It's all such a mess. I'm really not in any position to clear this at the moment and don't know what to do.

 

Any help would be much appreciated!

Ostrich you really need to start your own thread. Send CONnaught the Statute Barred letter below. Its up to them to prove a debt is not Statute Barred not up to you to prove it is.

 

Dear Cretins

 

Acc/Ref No

 

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

 

I M Wise To-You

[ODC]

Hi, I have an on going court case that may be statute barred, I say maybe because the cause of action date is in dispute by the claimant (Link say Default Notice Date and I say the date of missed payment)

 

No payment to MBNA since 1st OCT 2000 - Notice of Default (supposedly issued on 20th Aug 2001.) - Court action started on 19th Mar 2007 - is this action Statue Barred?

Regards LIBM

 

Clarification re Statute Barred

 

Letitbeme You would be better starting your own thread. The Statute Barred date is six years from the last payment or written acknowledgement of the alleged date. The default date has sweet FA to do with it. Once a debt becomes Statute Barred NO enforcement action can be taken against it

[ostrich_70]

Hi ODC,

 

I've never been on a forum before, so am unfamiliar with the conventions!

 

Thanks for the letter. I have to admit I'm frightened to contact them. If I write to them won't it just start it all up again?

[ODC]

Hi ODC,

 

I've never been on a forum before, so am unfamiliar with the conventions!

 

Thanks for the letter. I have to admit I'm frightened to contact them. If I write to them won't it just start it all up again?

No. If they continue to harass you after you tell them the alleged debt is Statute Barred then there are plenty of Legal remedies to sort them out.

[letitbeme]

Hi, ODC, I have started a thread which covers quite a lot regarding statute bared, I have posted in this thread a link to my thread for clarity on the subject. I hope it is helpful to the new members or visitors of this forum.

Click to see the thread Clarification re Statute Barred

[Blueasmiles]

Hi all,

First time poster so be gentle with me.

 

I've been reading the absolutely fantastic advice contained within this site and it heartens me that there is a collective fight back against the sometimes sinister and rogue practices that go on in the credit industry.

 

Anyway, remarkably i've received a letter completely out of the blue from Red Castle Recoveries stating that I owe in excess of £10,500 on an unsecured loan via Marks and Spencer Money. Nothing remarkable about that, but the debt is at least 15 years old and I have never received correspondence from from them in that time. Not even a court summon, default letter nothing!! Admittedly, I lived somewhere else when I took the loan out way back far more that a decade and a half ago, but moved to my present address in the midst. I can only assume the debt recovery people have trawled the voters roll and credit reference agencies etc. and found me at my new adddress despite me living there way over a decade.

 

The debt collection agency threatens to send a door step agent out to my address but says that if I pay up within 10 days they'll reduce the outstanding debt alleged to be owe by £4,000. I have not answered yet but i very tempted to as I am buoyed up by the gems of wisdom and informationed within this site.

 

Any direct advice one give please?

 

Thanks.

 

Blue

[ODC]

If a period of 6 years elapsed without a payment or written acknowledgement of the debt then it is Statute Barred and cannot be enforced. Send them this

 

Dear Cretins

 

Acc/Ref No

 

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

 

I M Wise To-You

 

 

and as regards their doorstepping threats send this.

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

YOUR REF 123456

Dear Cretins

I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

 

 

Send both letters in the same envelope. DO NOT sign them and DO send by recorded delivery. You should start your own thread on this

[ALBY40]

Hi, another newbie with a similar problem...

 

In the late 90's i ran up a lot of debt, i paid it all of including this debt for £338.90 from 1998 by by various means including doorstep collection. In June of 2002 i received a letter from Wescot and later that month their solicitors chasing the debt, i contacted them by telephone and told them the debt was repaid which they seemed to accept after a bit of convincing and i thought nothing more of the matter.

 

I decided to check my credit file this weekend and found a search at my previous address by Wescott in October 2006 listed as an unpaid debt search, i contacted Wescot by telephone to ask about this but after initially not being able to find anything refering to me they then came up with this old debt again.

 

My problem is that i no longer posses the proof that i have repaid the debt and now have a search on my credit file that will remain as a black mark for 6 years, can anyone suggest what to do before i have to pay this again to clear this mark

 

Thanks, (sorry for the war and peace )

 

Alby

[ODC]

The debt is Statute Barred. Send this to Westcrap

 

Dear Cretins

 

Acc/Ref No

 

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

 

I M Wise To-You

[ALBY40]

Hi ODC,

 

Firstly, thank tou very much for the advice, i will do just that. Do you have any idea what would assist getting Equifax to remove the search for outstanding debt.

 

Thanks again

 

Alby

[ALBY40]

Hi ODC,

Major surprise, i have just had a long conversation with a lady at Wescot which appeared to be going the usual route of just give us the money or else, when she suddenly changed tack. Stated that they have decided not to persue and that the search on my credit reference would be removed and the debt marked as closed

 

I'm still too stunned to be pleased with myself at the moment

 

They must have found my links with the Corleone family or something

 

Sincerest thanks for your advice

 

Alby :grin:

[ODC]

I trust you demanded written confirmation. Its certainly not like Westcrap to give in so easily. Maybe the new Consumer Protection from Unfair Trading Regulations 2008 have focused their tiny minds.

[Blueasmiles]

Thank you so much for your help.

I have concerns though that if Marks and Sparks Money did issue a CCJ previously to my old address still well over a decade ago a CCA letter rebuttal might not be the appropriate course on action. I will add though Red Castle haven't mentioned this and it appears to me they are just rattling the blunted blade at me, but I am still slightly concerned.

 

Another point of concern is that I did send off the CCA sortie to them with a £1.00 postal order, however I mistakenly signed the letter. Do you imagine this is such a huge problem now they have a sample of my signature?

 

Thanks again

 

Blue

Edited July 16, 2008 by Blueasmiles
grammatical errors