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HSBC, lowells and now RED


kh41
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hI all

 

after having this old debt passed from DCA to DCA red who are now acting for lowell i think or is it HSBC not really sure as 6 months ago it was Lowell chasing me either way debt is well over 6 years old and they know it no payment by me in tha time anyway.

 

 

they sent me this this morning , do you think hey have wised up to he fact ?

 

intrim :: hsbc.jpg picture by lickjo - Photobucket

 

kh41

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Red are part of Lowells. ;)

 

Send them this;

 

Dear Sir/Madam

 

Acc/Ref No

 

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

 

I wish to 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 should 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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”.

 

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.

 

Yours faithfully

 

Print Name do not sign

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Hi Cerberusalert, i sent off two prove it letters to RED on weds one for the HSBC account and another for an account i diddn,t remeber anything about but both would be old

 

So i will use your letter hopefully when they reply and say the account is passed its sell by date lol

 

many thanks

 

KH 41

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