Statute Barred?

[Dibsthefrenchie]

I have not made a payment on an unsecured debt for just over six years, the current debt collector has been chasing this debt intermittently since the end of 2003, the only time I have contacted them is to request a copy of the CCA, does that constitute acknowledgement of the debt?

I would appreciate any advice.

[cerberusalert]

the only time I have contacted them is to request a copy of the CCA, does that constitute acknowledgement of the debt?

 

A resounding no.

[Dibsthefrenchie]

Thank you, just needed that confirmation

[vjohn82]

I have not made a payment on an unsecured debt for just over six years, the current debt collector has been chasing this debt intermittently since the end of 2003, the only time I have contacted them is to request a copy of the CCA, does that constitute acknowledgement of the debt?

I would appreciate any advice.

No it doesn't constitute acknowledgement. There is a letter you can send to them to inform them that the debt is now statute barred:

 

Your Name:

Your Address:

Date

To: Creditor ???

WITHOUT PREJUDICE

Dear Sir/Madam

 

 

Account No:

 

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

 

I/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".

I/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 correspondence/payment/acknowledgement or payment of this 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 me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any action against me/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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

 

I/we look forward to your reply.

 

 

Yours faithfully

 

 

(Your signature)

 

Modify the letter to suit your own circumstances

[havinastella]

no need to send 'Without Predudice'

 

YOU want to use this letter in Court!

 

Jogs

[twofoot]

Like stella says take out the WITHOUT PREDJUDICE otherwise you cannot use it in court if neeed be.

[Dibsthefrenchie]

Thank you both for the replies. I had intended asking them for evidence that this debt is not statute barred, along with a request for the name of one of their solicitors, as they call themselves solicitors in their company name, but they have not given a solicitors name or who they are regulated by!

Should I simply send the letter suggested?

Many thanks

Dibs.

[cerberusalert]

Just send the letter. The onus is on them to prove otherwise & until such time they cannot pursue as per OFT guidelines.

[cerberusalert]

but they have not given a solicitors name or who they are regulated by!

 

They should be registered with Law Society of England & Wales.

They are regulated by the Solicitors Regulation Authority.

[vjohn82]

Like stella says take out the WITHOUT PREDJUDICE otherwise you cannot use it in court if neeed be.

 

Why would you want to use it in court? The only defence needed is the Limitations Act 1980. It doesn't really matter whether it is used or not... this is simply an informal way of settling the dispute and bringing a conclusion to it. Therefore "without prejudice" seems logical as it confers no obligation of settlement on the debtor.