Advice needed please: Paragon threatening me for statute barred debt

[700633744]

Hi,

 

Im after some opinions and/or advice on the following please:

 

Paragon finance have recently contacted myself for an old debt - I say old as I haven't made a payment on the account nor have I spoken to anybody about it in paragon or associated debt company since approx 2002/2003: hence I am right to assume it is statute barred? My daughter is nearly 6 yo and I know for a fact I havent made payment nor spoken to anybody about this account since she was born so im confident that over 6 years has definately elapsed!

 

Over the past 5 weeks they have routinely sent me a letter a week saying that they have been trying to contact me etc (even though I have been on the electoral roll and lived at the address for nearly 4 years). The most recent letter (the fifth one) says they will be referring my account to a solicitor for court action if I dont call them, and that they intend to ccj me. Now my initial thought was that these letters are just "fishing" letters i.e. they know it is statute barred and are trying to get me to take the bait, I was thinking of just leaving the matter be and ignoring their threats. However, I am now tempted to do a statute barred letter but am worried about opening a can of worms. Should I just leave it until the Paragon solicitor contacts myself? Are this company likely to take me to court as threatened etc and whats everybodies thoughts please? The debt is approx 6k and the last time I spoke to them (c2002/2003 at the latest) I remember actually disputing the debt too, Paragon didnt address that dispute and then referred it to a dca, whom I have never spoken to, responded too nor made a payment too due to myself disputing the debt years ago....

 

I would like to be comfortable with my next course of action if I take any, but I am thinking if I should cover my back. If I send a letter saying I believe this to be statute barred, where will/could it go from there? Should I just class this as a fishing attempt etc. Any thought, insight experience would be trully appreciated.

 

Thanks

Edited September 5, 2010 by 700633744
spelling

[harrassed senior]

There has been a surge in this type of activity lately, things must be getting tough for the DCAs.

Personally, if it were me, I would send the SB letter. Had a threat recently myself and I know the alleged debt was SB in 2001. Sent SB letter and, as yet, have heard nothing.

 

There is actually nothing wrong with them chasing a SB debt, but once you tell them that you know it is SB and you will not be paying, then they should cease all collection activity. Hope that helps.

Edited September 5, 2010 by harrassed senior
spelling

[firstship]

HSenior reply good route to go down.................Just add a paragraph to the SB letter,that you suggest they discuss the matter with the solicitors they have threatened to use to allow them to explain what SB is before wasting your time...................or just wait until their solicitor(probably in house) contacts you..............As long as you are 100% sure of no payments no contacts confirming the debt,nothing to worry about.....FS

[700633744]

Thanks,

 

If I send an SB can they keep sending em threatening letters - if they dispute are they likely to take me to court! Im 995 certain that I have neither written/ spoken nor paid anything in the past 6 years at least! I know my ex girlfriend may have returned some letters to them unopened after we split up but thats about it!

[PGH7447]

if stat barred then send SB letter and have done with them, they can chase all they want but they wont be able to do diddly squat about it

 

after you have informed them it is SB then any letter they send just return unopened with SB in big letters on it, or bin them

[firstship]

as you seem sure about the period send SB letter....................if they feel they have a case it will appear in their reply,no reply which is probable then no worries,................FS

[700633744]

thanks all

[jimbo45]

Hi there

if you really want to make ABSOLUTELY SURE then send a SAR request to the oroginal creditor. This will cost 10 GBP but it's probably 10 GBP well spent if it confirms that the debt is really SB'd.

 

Sometimes people forget that they might have made one tiddly payment after speaking to a DCA a few years ago --another good reason NEVER EVER speak to a DCA on the phone unless it's to wind them up.

 

Cheers

jimbo

[700633744]

Sorry for asking a rather silly question - if somebody knocks on your door about a stat barred debt, what do you say?

 

1 - I do not ackowledge the debtt

2 - It is stat barred and tell them to do one (politely)?

 

Thanks

[silverfox1961]

A two finger salute usually does the trick:lol:

 

You need not say anything

[700633744]

Haha thanks

 

Thats what I was thinking

[700633744]

Having been away I never actually done a response saying statute barred - they have now sent me a letter saying they are going to issue me with a default notice if i dont get in touch wthin 7 days (feels like thety are fishing for a response): im pretty sure that they gave me a default about 7/8 years - can they keep defaulting me for a statute barred debt does anybody know?

 

Thanks

[sillygirl1]

Get in touch with Trading Standards and the OFT, it is very much against the OFT guidelines for them to issue a default so late in the day, even if they issue a default the alleged debt is STILL statute barred, the default being issued DOES NOT restart the statute barred clock.

 

You can also report them to the Information Commissioner and to the Ministry of Justice (these seem to be coming pro-active in stopping companies breaking the law).

 

Paragon are fishing in the dark here so you can quite happily ignore any doorstep callers or phone calls. Tell them the phone is automatically being recorded due to stalking calls and they will huff and puff.

 

You could also try the local CAB as they might be able to offer some help.

[jimbo45]

Statute Barred is an ABSOLUTE 100% defence. THERE IS NOTHING THEY CAN DO HERE.

 

Please STING them with Harrassment, extortion, Hospital, Psychiatric Counselling and whatever else you can sting them for.

 

These BARSTEWARDS need to be put out of their MISERY for GOOD.

 

Meanwhimle just toss any more letters from them UNOPENED back into the nearest letter box marked Return To sender.

 

Even if they DON'T have to pay at least give trhe sorters in the Post Office some amusement.

 

Cheers

jimbo

[huggy41]

 

Good idea but i do this i keep all there letters then put them in a large A4 envelope with 2nd class stamp on it the post it in the post box they then have to pay RM for it as it cost more to send a large letter regardless.

[700633744]

Have I done the right thing - they sent me a letter saying they would send somebody to my house (which would cost me money), 2 weeks later they did: I didnt confirm who I was then told him im not interested and to go away. Was this the correct course?

[ScarletPimpernel]

Yes, you did the right thing. These people have no legal powers at all, and must leave at once if asked to do so.

 

Have you written to them telling them that the debt is statute barred and you won't be paying, as advised above?

[700633744]

No I havent contacted them at all for years (2001) - I didnt want to take the "bait" from all of their recent letters

[silverfox1961]

If you don't tell them that it is Statute Barred and that you will not be paying, they will keep coming. Once you have told them and if they continue after that date, you have good grounds for complaint.

[700633744]

I will send a letter later this week then thanks

[700633744]

does anybody have a link to the template please?

[PGH7447]

You have to inform them it is stat barred

 

Try this

 

Dear idiots

 

This is alledged debt is stat barred if you think otherwise please provide proof of either written confirmation or a payment made within the last six years from date (of when you post it)

 

Regards

[700633744]

haha thanks

[700633744]

Is this what should be sent?

 

THIS DOES NOT CONSTITUTE ACKNOWLEDGEMENT OF DEBT

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following:

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I am sure that you are aware that the OFT’s Debt Collection Guidance states, at paragraph 2.14(b), that it is considered unfair to pursue a debt where the debtor has not heard anything during the limitation period (which, even if this were my debt, I haven’t).

 

5. The same guidance also states it is unfair to mislead a debtor as to rights or obligations. It gives a specific example of implying or stating that the debt is legally recoverable. I enclose a copy of the letter sent by yourselves which engages in this very practice by threatening debt collectors and, worse, that a judgement will be sought against myself.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you that, even if the debt were mine, I would not pay it.

 

7. I am sure you are aware of the provisions of the Administration of Justice Act 1970, specifically s. 1, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst s. 3 of the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

 

I presume that you can put all the above together, but to avoid doubt please be advised of the following should you pursue this matter.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

 

Any further communication requesting or demanding any sums of money or other property or chattel to be paid in relation to this alleged debt shall result in a complaint being made to Trading Standards as well as your activities being reported to the Office of Fair Trading. Should such action continue, I shall deem it to constitute harassment and will have no hesitation in seeking the intervention of the courts. Be aware that any action shall also include costs.

 

I trust the above is perfectly clear and I now expect you to confirm promptly, in writing, that you have closed this case and that no further action will be taken.

 

 

Yours,

[firstship]

I think we might assume you have covered all avenues,superb letter................good luck..............FS