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7 year old debt - direct legal and collections


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Hi,

 

I received a letter from the above named creatons yesterday saying that they have been unsuccessful at their attempts to contact me at a previous address and they have been " forced to make enquiries to establish " my whereabouts.

 

I bankrupted myself 7 years ago, which lasted for three years therefore I am a discharged bankrupt, which included all monies owed at the time.

 

They are seeking 7.5 K.

 

I am aware that there is a process of sending a postal order for a certain amount with a legal type letter recorded delivery, which I can send a copy of my banfruptcy to them, but I am unsure where to find the letter and how much the postal order is for; please could someone advise me?

 

Also, should I phone them and let them know, that I am aware of my rights, or should I not engage with them verbally and just send information recorded delivery please?

 

Many thanks!

 

D.

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If you have not made a payment to this a/c for at least six years or made any written acknowledgement of this a/c 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

 

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If the debt is pre bankruptcy, then send the letter above that Cerberus has kindly added and it might be wise to tell them in the letter that you were made bankrupt 7 years ago.....

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.

 

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