Hampton Legal

[asr2]

Hi Guys back again,

 

Got a letter from above saying they will take legal action unless I telephone them within 7 days. I know they are a subsidurie of Lowells but should I ignore them or ask for a CCA or SAR??

 

debt with Co-operative bank circa £5800 and is definitely SB'd.

 

Any advice would be most welcome as usual.

 

Cheers,

 

John

[rory32]

debt with Co-operative bank circa £5800 and is definitely SB'd.

 

Send the follow via recorded delivery

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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 Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I 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 acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

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.

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

[asr2]

Thanks Rory,

 

so you think this is more appriopriate than the CCA or SAR...duh obviously or you would not have issued it sorry a bit late in the day for me.

 

Kind regards,

John

[rory32]

A copy of the agreement is not relevant if the debt is statute barred, nor is a SAR. The emphasis on them to prove that the account is not statute barred.

[asr2]

Cheers Rory sound advice as usual, will get on to it asap.

 

 

Kind regards

 

John

[asr2]

Hi ,

 

Got another letter from hampton stating they are going to seek a copy of my credit report to ascertain if I own my property so they can take action to either force a sale or make a charge on it.

 

Any thoughts and I thought they could not access a copy of anyones credit report???

[rory32]

Report them to the OFT immediately and inform them that you have done so. Attempting to enforce a statute barred debt is illegal.