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DWp / Eversheds Solicitors


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Out of the blue about 3 weeks ago I recieved a letter from Eversheds Solicitors, acting on behalf of the DWP. They contacted me about a social fund loan taken in 1998 (£654.71). I sent the the Limitations Act 1980 letter claiming this debt statue barred. Today they have wrote back, there is one sentence in there letter that I need to ask about -

 

"We note the contents of your letter and would respectfully advise that although this may fall under the Limitations Act 1980, section 5, we are still within our rights to pursue this debt"

 

This to me is an admission that there is nothing more to say or do.

 

Your thoughts please!

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Hi GN......Just to make it clear for you....once you state that you have no desire to pay towards a debt that is barred by the statute of limitations act 1980. They CANNOT continue to harrass you.....

 

This is what the OFT say - 2.14 (b) -

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.

If you want to write back to them. (edit something along the lines of the letter below) and send recorded

Just state

Dear sir / madam.

Many thanks for your recent correspondence dated XXXXX

You state in your letter that despite the debt being clearly statute barred you state - "we are still within our rights to pursue this debt"

If it is your intention to continue to harrass me, I will have no hesitation in commencing legal action. I am sure you are fully aware of the Office Of Fair Tradings guidelines on debt collection (in line with CPUTR2008) which state

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 am staggered that a firm of solicitors are making statements like this !! If you continue to harrass me I will have no hesitation in reporting your unproffessional and unlawful behaviour to the SRA too.

I trust this makes my position perfectly clear.

Yours faithfully.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Please let me know if they continue to harrass you.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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