Can anyone help re Statute Barred?

[clarel]

Latest letter has arrived if anyone can help! I've added it to end of thread. Thanks.

Edited November 29, 2008 by clarel
merged thread, more info in later post.

[Michael Browne]

The agency are saying that they bought the debt for £1600 in 2005 and he is therefore still liable and must make full payment of £2300 immediately.

It's completely irrelevant when they bought the debt, doesn't matter whether it was 2005 or yesterday. If there has been no acknowledgement or payment for 6 years, the debt is Statute Barred - end of.

 

Send them this letter:

 

Creditors and DCAs - Consumer Wiki

[clarel]

It's completely irrelevant when they bought the debt, doesn't matter whether it was 2005 or yesterday. If there has been no acknowledgement or payment for 6 years, the debt is Statute Barred - end of.

 

Send them this letter:

 

Creditors and DCAs - Consumer Wiki

 

Thank you so much Michael.

[clarel]

Hi everyone

 

I posted a couple weeks ago for help but I have more questions sorry. Situation as follows...

 

My Uncle got a Barclaycard in 2000 and never made a payment on the account. In June this year, he was written to by MacKenzie Hall demanding payment of over £2k. My Uncle's partner made a £75 payment on her debit card. I have told them they should not have done this, as I presume it will not now be statute barred????

 

I wrote to MacKenzie Hall and copied in Cabot Financial, who they were persuing the debt for, requesting a copy of the Credit Agreement. MH replied shortly after saying they have referred the case back to Cabot and will refund the £75 payment as a goodwill gesture.

 

I requested the credit agreement in September. He recently received a letter dated 5 November.

 

It states:

"Further to your request for information under the CCA, we are pleased to enclose with this letter all relevant information.

Cabot and the orginal lender have no completed the relevent obligations under the CCA. As a result, Cabot is entitled to resume collections of the outstanding amount of £2272.34.

Etc......"

 

There is then a letter addressed to my uncle from Barclaycard (not dated) stating 'the balance of £1652.07 has been passed to Cabot and to address any correspondence to them.' My uncle never received this letter.

At the top, written in pencil, I presume by a Cabot person, is "representation of letter sent on 15 April 2005".

 

There is then a letter from Cabot, which has "representation of letter sent on 19 April 2005". This letter is a copy of a mail merge template - it is in no way personalised and actually is dated 5 November 2008, obviously the date they printed up the letter. The letter is asking for payment.

 

Next, the Barclaycard Credit Agreement. Which is actually a ridiculously bad, unreadable copy of his Barclaycard Application. The only thing you can make out on this is his name and address and his signature and the date - 27 June 2000. On a seperate sheet is 'Barclaycard Conditions - Credit Card Agreement' which is a print of the key financial information etc and barclaycard conditions on the reverse. This sheet does not contain his name or any other personal information. I believe they are trying to provide this, along with the application, as his credit agreement. In fact, this 'conditions' sheet, actually has a footnote '08/06' - possibly it's month and year of printing? In which case it is definitely not my uncles CCA.

 

The final sheet is a statement of the account. The first entry is April 2005, when Cabot took over the debt. There are several interest entries and also the £75 payment to MacKenzie Hall, leaving the closing balance of £2272.24.

 

Basically, I want to know if he needs to pay this debt. Does the statute barred rule cancel because of the £75 (due to be refunded) payment? Can this 'application' and T&C's sheet actually stand for something, or should I persist on seeing his actual signed credit agreement? Is there anything we can do so that he does not need to pay this debt?

 

If anyone can offer any advice, I would be so grateful. If you have read this far, thank you so much.

 

Clare

 

PS, Cabot have on a number of occassions gave him deadlines to make payment by otherwise court action would pursue.... yet nothing has been done?

[silverfox1961]

Hiya,

As I see it, your uncle signed for the application on 27th June 2000 so by my reckoning the debt became statute barred on 27th June 2006.

As far as I'm aware, no matter how much you gave them after ther debt became SB does not alter that fact which is why Muckhall"graciously" refunded the 75 quid because they had no right to collect in the first place. From what you are saying , no payment has been made between 2000 and 20006. Unless the statements say different, Cabot can go play on the motorway:lol:

 

fox

[clarel]

He has never made any payment - other than the payment his partner made on 9 July 2008.

 

We asked in the letter for them to provide details of ALL payments made on the account, and there none prior to this one and certainly none between 27 June 2000 and 27 June 2006.

 

Thanks for your reply.

[clarel]

Do you think I should send the statute barred standard letter template?

 

Thanks

Clare

[maroondevo52]

Threads merged Clarel please stick to the one thread on this subject

 

Thank you.

 

Regards.

 

Scott.

[clarel]

Thanks for merging, I couldn't find the original thread, sorry.

[maroondevo52]

I couldn't find the original thread, sorry.

 

No problem, just click on your username and bobs your uncle

 

Regards.

 

Scott.

[ScabHunter]

What an interesting case.

 

What you have here is an alleged debt which is well and truly statute barred, and, judging by what you say of Sharklycard's agreement, would be totally unenforceable even if it wasn't.

 

You are therefore totally safe in going on the offensive, as there is absolutely nothing these clowns can do. Muck Hall have at least had the decency to refund the £75, assuming that actually happens.

 

What you need to do now is go after Crapbot and give them a massive kick in the nuts.

 

The Office Of Fair Trading Debt Collection Guidance is explicit on this. Point 2.14 -

 

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.

 

Make sure you keep evidence of Crapbot's misdemeanours. Keep all letters and log all nuisance telephone calls, if you can.

 

You need to complain to the OFT, whose guidance has been explicitly breached. If they continue to harass, go to your local Trading Standards, and above all make a complaint through Crapbot's internal complaints system. If they fail to satisfy this, you may be able to take it to the Financial Ombudsman Service, which will relieve Crapbot of £450.

 

The only question is how many misdemeanours you wait for before you launch the complaints. That really has to be up to you.

 

Crapbot are totally insane, and may even go to court on a statute barred alleged debt. There is at least one thread on these forums where they have done exactly that. The more complaints that are launched against them, the better.

 

SH

[clarel]

Thank you so much, you have been extremely helpful.

 

Clare

[clarel]

Did the stature barred letter, uncle received this yesterday...

 

"Dear Mr C

Your account is not statute barred.

You've stated that your outstanding balance is statued barred because the course of action in this matter began more than six years ago.

You last acknowledged this debt on 9 July 2007 through your payment of £75.06.

Therefore our right to recover the outstanding balance o this account is not statute barred and we can take action through the courts to recover the outstanding balance, including all interest accrued since 17 April 2003. The toal amount due for payment is £2293.97.

We recommend that you contact one of our customer advisors as soon as possible to discuss repayment arrangements."

The laughable thing on this letter is that they cant even get the dates correct. The payment was made in 2008, not 2007 and they bought the debt in April 2005, not 2003.

 

Can anyone help with what to reply?

 

Thanking you all in advance for your help.

 

Clare

[ScabHunter]

Even if the payment had been made in 2007 the alleged debt would still be statute barred.

 

Crapbot are insane. They have taken another CAG member to court on a statute barred debt, so there is no limit to what they will do.

 

All you can do invoke their internal complaints procedure, with a view to taking it to the Financial Ombudsman Service if (I should say when) they don't satisfy the complaint.

 

As they are in breach of the OFT Debt Collection Guidance, the matter needs reporting to them. They don't look into individual cases, but every complaint they get helps.

 

Go through Consumer Direct to Trading Standards. They are totally useless but do it anyway. When they foul up you can complain about them and take it to the Local Government Ombudsman. (Who are also useless, but you can then try to get your MP involved.)

 

Here is what I would send them -

 

Dear Sir,

 

Account No. xxxxxxxxxxx

 

I write reagarding your correspondence of xx/xx/xxxx.

 

You state that a payment was made on 9th July 2007. In fact, it was made on 9th July 2008. This is, however, totally irrelevant as even if the payment had been made in 2007, the alleged debt would STILL be statute barred as no payments or acknowledgments were made between 2000, and the date of this last payment.

 

By continuing to attempt to collect money on this statute barred debt, you are in breach of the Office Of Fair Trading Debt Collection Guidance 2.14 (b) which states -

 

"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."

 

A formal complaint has therefore been lodged with the Office Of Fair Trading.

 

As you are now in firm breach of the Administration of Justice Act 1970, you can regard this letter as the initiation of a formal complaint. I therefore request a copy of your complaints procedure which you are obliged to supply.

 

If you continue this harassment, the matter will be reported to Trading Standards.

 

I can confirm that no payments will be forthcoming on this statute barred debt now or at any time in the future. This is my FINAL STATEMENT on this matter, and NO FURTHER CORRESPONDENCE WILL BE ENTERED INTO.

 

Please also find enclosed a demand under the Data Protection Act 1998 that you cease processing my data immediately. Failure to comply with this demand will result in a complaint being made to the Information Commissioner's Office and may result in court action.

 

Yours Faithfully,

 

xxxxxxxxxxxxx

 

 

Also enclose this -

 

Dear Sir,

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

I refer to your recent attempts to collect money on a statute barred debt.

 

At NO time have I given my written permission for you or your company to process my data.

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office, and may result in court action.

 

Yours Faithfully,

 

xxxxxxxxxxxxx

 

 

SH

[clarel]

Brilliant, thank you so much SH. I shall get that printed up tomorrow and sent off to them.

 

Thanks again for your help.

 

I wonder what they will come back with this time....

 

Clare

xx