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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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Fredrickson's - Statute Barred


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I've received a letter last week from Fredrickson's saying they know have my debt from Captisl One. Today I got a yellow 'Confirmed Resident' card from them saying if I don't contact them to pay they will pass it to a solicitors for immeditate litigation. Having checked my bank statement, the last payment I made to them was a cheque that was cashed on 26th April 2004. I haven't had any contact with them since and haven't acknowledged the debt though I have ignored a few letters. It should be statute barred in 4 days? Should I just hold fire until 26th then send off the standard letter?

 

Thanks, having a bit of a panic.

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You could send the 'prove it' letter first - in that way, while they arse about, you are not even acknowledging you know anything about it. Should take them till July to ort that one!

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Being statute barred doesn't mean the debt dies but it prevents these cretins from taking legal action to recover it. This is a scare tactic by Freds to try and get you to acknowledge the debt just days before it becomes SB. If you do that before Monday the clock is rewound. After Monday the matter's barred and nothing will unbar it.

 

And just because you've checked your bank statements and noticed the date of the last payment doesn't me that Freds or their minions will have any paperwork to support any court claim they might make. That would scupper them straight away.

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Beware also that it's worth waiting until at least a month after the last payment then adding six years.

 

It has been claimed before that the SB does not begin until the next payment is due and missed.

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Ok so I should send the prove it letter now then instead? Where is this letter?

 

Then once they have responded it will be statute barred anyway?

 

Freds are not renowned for their speed of response - they tend to put their energies where people panic and pay.

 

Send the letter recorded, however - if they then try and take you to court on a disputed debt they will have a problem.

 

Who was the account sold to by Crap 1? I'm assuming it was sold/assigned - usually is...

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Additionally, Freds will probably not have the date of last payment - they may be relying on the original recorded default logged by Crap 1, which would have been sometime after that. So you may have an advantage here.

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I think Lowells gave it to Freds.

 

I will put the Prove It letter in the post (Recorded) today. Would it be worth sending one to the PO Box and then another to the Registered Office address?

 

So if they come back with proof, I can then send the statute barred letter?

 

Sorry to ask so many questions

Edited by katypie
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No, one letter to the address on the envelope will suffice. Keep the recorded delivery receipt carefully. Nextweek check on the Royal Mail site to see when the letter was delivered and print that off. That's all you have to do.

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Well I posted my Prove it letter recorded on the way home. Got home and would you believe I had a letter stating if it wasn't paid in 7 days (dated 20th april) they would take court action. I presume their moving so fast would be due to it being almost statute barred. Hope my letter gets to them in time.

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