Statute barred???

[denn12denn12]

I took out a loan with EGG for £8000 in March 2000. I had problems keeping up the payments and had to sell my house and today I live in rented accomodaton. CAPQUEST bought debt and have been phoning me 3 times each day including weekends until about 1 week ago. Now they have sent a claim for £14.000 with interest and also a default notice ( this appears to be typed by them ). This debt is now 10 years old. Can they claim any part of this?

[cerberusalert]

I've moved your post and created your own thread.

[debt4get]

if you have not paid or acknowledged the debt for 6 years 5 in scotland then it is well and truly statute barred and you can tell them to go to hell and back send em letter

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No

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

I 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 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”.

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

 

I look forward to your reply.

 

Yours faithfully