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

[garyboy66]

just a quick question does anyone know if statutes barred works for the entire UK or just England and Wales

[maroondevo52]

Hi, garyboy66.

 

 

Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged* for six years. In Northern Ireland, statue barred debts are governed by the Limitation (Northern Ireland) Order 1989. In Scotland, statute barred debts are governed by the Prescription and Limitation (Scotland) Act 1973 which states that the debt itself ceases to exist after five years providing that it has not been acknowledged and that no relevant claim against it has been made by the creditor.

 

*For clarification purposes, acknowledgement is either acknowledgement made in writing or a payment received against the debt. Once acknowledgement is received, this re-sets the limitation period.

 

 

Regards.

 

Scott.

[bigdave2210]

ok cheers fot that people. will just keep em saves me a trip to the post office. thanks

[The GodMother]

To add to what Scott has said.

 

If you make payment AFTER the limitation period, like 6 years 1 month later or 5 years 1 month later, Then this DOES NOT reset the time period.

 

It only resets if during the relivat time period.

[dx100uk]

although of course if you were forced into repayment during the 6yrs, i'e from a DCA without the correct paperwork or threats etc etc it could be deemed as payments under duress. if that were the case, it does not reset the clock.

 

dx

[bigdave2210]

no definatly no payments or contact.

[dx100uk]

totally ignore then.

dont send any nor anything return to sender.

 

dx

[swt61]

I have started my own threads here regarding old debts if anyone would care to take a look,

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/226642-old-nat-west-credit.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/226664-advice-required-please-g.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/226659-halifax-loan-help-needed.html

 

Regards,

 

Simon

[kirkee]

Hi could you give me some help. My house was reposessed in 1992/3 it was sold for less than the amount of the mortgage leaving a shortfall of £20K. I was on benefits at the time and agreed to a payment of £5 per month (not a lot I know) and paid it faithfully up until 12 months ago when I missed a payment. The debt was sold on to Pheonix recoveries and they have asked Asset Recoveries Ltd to recover the debt. I have continued to pay the £5 each month but they are now wanting proof of my earnings, also bank statements, utility bills, proof of income and proof of any other debts I owe. They have sent me forms to fill in but I feel very uncomfortable giving out that much information about myself. They are now threatening to charge interest on the debt. Can you tell me what my legal rights are and how to respond to them

[dx100uk]

you need to start your own thread.......

 

if there was no court order for you to pay them X ammount then stuff 'em

 

they have no legal right to know ANY of your per financial details.

 

again if there is no court order then they cannot add int nor charges either.

 

dx

[DianaT]

Just thought I'd post an update on the problem my daughter had with Roxburghe. They sent her two threatening letters before she decided to write to them. She sent her first reply by email and followed it up with a recorded delivery letter.

 

She modified the template letter from this site, including some of her questions and details, pointing out the Limitations Act 1980 (the alleged debt was from eight years ago) and informing them she had been in contact with United Utilities. She received a letter back from them which said:

 

"Thank you for your communication and we have noted your comments upon your account.

 

We confirm that all further collection activity has been suspended whilst we take our client's further instructions.

 

We shall write again as soon as possible."

 

I'm quietly confident that we probably won't hear anything more from them. But if we do I know I can come here for sympathy.

 

Thanks to all who gave advice and thanks for the template letter.

[JonCris]

Once they confirm the agreement is non-enforceable send them a D10 notice forbidding the transmission of your data otherwise they'll just pass your account to another DCA & continue to do so in the hope you'll either admit the debt or pay just to get them off your back

[DianaT]

Thanks JonChris but to whom would that be sent, United Utilities or Roxburghe? Or both?

 

Thanks.

[diddydicky]

Just thought I'd post an update on the problem my daughter had with Roxburghe. They sent her two threatening letters before she decided to write to them. She sent her first reply by email and followed it up with a recorded delivery letter.

 

She modified the template letter from this site, including some of her questions and details, pointing out the Limitations Act 1980 (the alleged debt was from eight years ago) and informing them she had been in contact with United Utilities. She received a letter back from them which said:

 

"Thank you for your communication and we have noted your comments upon your account.

 

We confirm that all further collection activity has been suspended whilst we take our client's further instructions.

 

We shall write again as soon as possible."

 

I'm quietly confident that we probably won't hear anything more from them. But if we do I know I can come here for sympathy.

 

Thanks to all who gave advice and thanks for the template letter.

 

it's a load of B***s**t to make it LOOK LIKE they have investigated- they will come back

[universalpete]

I heave setup a group on face book to warn people of ruthbridge limited and thier tactics after getting a letter from them today so feel free to join... "ruthbridge limited are just bully boy [problematic] "

 

[EDIT]

 

this site has helped so much today .. thnaks guys !!

Edited November 15, 2009 by universalpete
Unauthorised link removed.

[universalpete]

The above link was removed so i guess thats that then lol

[Paddy4321]

Hi All,

 

I uregntly need some help with a county court claim i have just received. It is in relation to a debt which is about 9 years old. I have made no payment towards the debt in that time and i haven't acknowledged the debt in writting. From what i can make out this debt would be statute barred, is that the case? Does anyone know if there are any other factors that could effect this? If it helps, the original debt is approximately £400 and results from a very small unauthorised overdraft. Most of the amount is interest charges and fees added on at the time.

 

If i file a defence stating that it is statute barred wht shuld i say on the claim defence form to the court? Should i also write a letter to the claimant seperately?

 

Any help greatly appreciated!

 

Thanks,

[dx100uk]

who is this from?

does it have a court name

stamp

and case/claim number?

 

if not its a fake, that dca's are known to send out

 

scan it up via photo bucket removing all identifyable info first.

 

if it is genuine, then it might be better that you post in te legal forum.

but statute barring will be a very good defence.like kill it dead.

 

dx

[Paddy4321]

Hi,

 

Thanks for the response.

 

It has a claim number, court name and a stamp although the stamp looks printed. The original claimant is Natwest Bank and the claim has been made by Christopher Pinnion & Co on their behalf.

 

I'm slightly confused as to which is te correct forum to post this on, can you send me a link to the best one?

 

Thanks,

[dx100uk]

Legal Issues - The Consumer Forums

 

dx

[JonCris]

Its an old ruse. As your likely to be a LiP & won't understand they hope it'll go through on the nod

 

That said you must respond to their claim. If there are no docs attached to the claim form then you should respond by stating as follows

"The claimant has failed to particularize their claim therefore I am unable to plead" .........The court should write to the claimant asking them if they wish to amend their application otherwise it'll be stayed but as they don't have the docs its unlikely & if they do you can then argue they are time barred anyway

 

You can then apply to have their claim struck out on the grounds its out of time

Edited November 18, 2009 by JonCris

[sallybear]

can I just pop in here and say this thread is fantastic as is this site, I have now acted on something that has been bothering me for ages, see Meritforce threatening letter v.old debt thread.

 

I am just sitting her now worrying about all the other people in a similar situation as me worrying about debts, especially at this time of the year when money seems to be more of an issue.

 

Thanks for giving me the energy and information to deal with this issues I had today. Your all amazing

[HowieWales]

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"

 

I have been contacted by Link Financial concerning a debt from 1994. I have made the mistake of making some payments in past months because I was literally scared that they were going to move to access my earnings.

 

They agreed a payment to £20 and I thought this was manageable but now the payments have been made they are upping the pressue and demanding more. It is a debt from a MBNA credit card - Link have secured a charge on my property - I am now lost and not sure what to do next...any help would br greatly appreciated ! Many thanks in advance. )

[dx100uk]

if you made NO payments for a clear 6yrs it is statute barred and NOTHING can unbar it. and the CO should nulled.

 

 

more info please

 

dx

[JonCris]

Payments made post 6 years DO NOT negate the limitations act. The only thing that does is a ccj obtained pre-6 years