Is this true????

[allieeyes]

I've been told that after 6years from starting a credit agreement you can wipe away the debt and refuse to pay it??? Im upto my eyes in debt, havent finished totalling it up yet but I'm guessing it's somewhere in the £15 grand region. All are with storecards, welcome loan, and a couple of nationwide flexaccounts that have since been closed by the nationwide. For example I've today received a letter fom Hamptons Legal stating they have been instructed by Red Debt Collection Services to pursue me for the overdue balance on my Lowell Portfolio I Limited account which was originally with Capital One, I owe in total £924.18 (I think it was either the year 2000 or 2001 that I stopped paying this back as I had just had my daughter and my partner had left us) Is this true that if I havent made contact with them or agreed to a repayment plan in over 6 years that they to quote my friend "can go sing for it"???? I'm not refusing to pay any of my debts, I just want them cleared as soon as possible and to be honest if I can even get one debt off my list I would be over the moon. Please help!!!!

[letsdothis]

If any of your debts have not being acknowledged by you in writing, or any payments made by you 'within a 6 year period', I understand them to be statute barred.

[allieeyes]

so what can I do about having them removed from my credit file and stopping the letters?? I know that I defintately havent awknowledged the Capital One debt since at the most a year+half after defaulting which is still more than 6 years

[letsdothis]

You could try sending them a statute barred letter.

 

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 CPUTR2008

 

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

Mr A N Other

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[allieeyes]

the only problem is that I have still being getting letters in regards to the capital one debt altho I've ignored them and never responded. I'm going to try that though and see if they will let me away with it. Thankyou

[havinastella]

These would and should have dropped off your credit record after 6 years!

 

Jogs

[letsdothis]

Have a look round the forums, there may be better letters to send. As long as you have not admitted the debt or paid anything within a 6 year period, it is definitely statute barred afaik

[allieeyes]

Thankyou, I have started looking through this site but tbh my head starts spinning when reading everything. I'm on the right track in terms of facing up to things and requesting my creditfile from experian so at least thats something.