Statute barred but harassed and paid £500

[thesinger]

Hello to all

This site has given me much help in the past and now I am trying to help my nephew with a problem.

He rang me (albeit too late) about an old debt that he thought he had paid off over 6 yrs ago, they tracked him to his current address and started giving him harassing phone calls and threats about bailiffs etc to the point it scared him so much he paid them £500 to shut them up. I asked him if he admitted owing the debt as it was over 6yrs old, he said no he had not, he just sent them the money because of the harassment.

My question is can he still claim statute barred because of the one payment he has made?

[postggj]

name and shame this dca

 

does not matter payment made

once statute barred, allways statute barred

 

send the statute barred template

[havinastella]

Make sure he sends of a letter requesting what this debt is for.

 

Also make sure that he includes this

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

Once he knows what the debt is cmprised of, he may be able to claim some of the money back.

 

But as Post says, once barred, it stays barred, so make sure NO MORE MONEY IS PAID!

 

Jogs

[thesinger]

thanks for replies, no surprises it is Mackenzie Hall!

Now I know it is still statute barred I can do the letters for him

 

Thanks once again guys, this site is brill!

[mr.ton]

Report Muck Hall to the OFT.

[postggj]

muck hall

the dca that does nothing but statute barred debt

the lowest of the low

 

ill dig the template out for you

hang fire

[cerberusalert]

You say he's sent the money, if it was by cheque in the past couple of days he should cancel it with his bank.

[mr.ton]

Good advice from Ceber...if quick enough, it can be cancelled at the bank end so Muck Hall dont receive the money.

[postggj]

Dispute your liability for a debt where a creditor has not contacted you for over six years

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

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.”

 

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 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We 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.

 

We look forward to your reply.

 

Yours faithfully

[thesinger]

thanks for that, I will do a letter also to the OFT for him to send.

[thesinger]

Just a thought on this para

 

 

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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

Do I just change the wording, as he did recently pay £500, I am also going to try and add a para demanding the £500 back!

[havinastella]

you need to add the part I posted for you!

 

Jogs

[thesinger]

to be quite honest I dont think he even has any details of the debt, he thinks it is an old credit card that he thought he had paid off, it just shows how these companies can harass young vunerable people into parting with their money!

[havinastella]

Exactly, thats why you need to establish exactly how the debt was made up.

 

Say for example itsa £500 debt for gas and they claimed the £500 and he paid it. There is no recourse for this as they are within there rights to chase the debt (until he tells them to sod off and then they have to stop)

 

Now if its an old credit card debt, its bound to have charges on, which he will be able to recover. Also if the DCA had added charges, he'll be able to reclaim those as well.

 

Jogs

[thesinger]

ok, have i got this right? so he needs to get complete details of the debt, charges and payments made. So he can try and recover the charges on the old amounts he paid (over 6 yrs ago)

[havinastella]

Well there the problem lies!!!

 

How can he get copy statements etc, when the company only hold them for 6years (or so they say)

 

So he asks for a complete breakdown (as I posted) If they come back with how the debt was made up, we can look and see what was added etc.

 

If they come back with we can't tell you as the debt is over 6 yrs, we hit them with a projected cost claim (what you think the charges would be) and issue that in court.

 

Either way, you want to screw the bullies into the ground.

 

Jogs

[postggj]

it will prob be illicit dca charges

[JonCris]

If it was paid by card he can activate a recal with his bank stating that it was a payment made in error

[postggj]

get a new bank card as they will be naughty with it