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HL Legal threatening court action


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I have bank loans and cc debts from 2000 which I was advised to ignore as I was unable to pay them. I heard nothing from these companies for several years but about 2 years ago suddenly started to receive random letters from various DCA's. These I have also ignored as my situation has not changed significantly.

For several months now I have been receiving letters and regular phone calls from HL Legal & Collections who are harrassing me on behalf of Capquest, who bought one of these debts in October 2006. (EGG CC)

Two months ago in an attempt to get them to leave me alone and get off the phone I agreed to pay £5 a month, but after reading some of the messages here decided I would not pay because I believe the debts to be statute barred??? (can someone please confirm this?) I informed them of this when they again phoned me last week to complain about not receiving payments.

Today I received a call from a very unpleasant female from HL Legal who informed me that I still owe them the money and need to pay them as statute barred does not apply to cc debts, and that I will be receiving court documents in the next few days as they are now taking legal action against me for non payment.

Can they do this? And what should I do next?

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Hi next time this woman calls you, you can tell her as she doesn't seem to know the law very well.

 

Anyway, for a debt to be Statute Barred you must not have paid anything in the past 6 years (5 in Scotland) nor acknowledged the debt in writing during the same time.

 

And just in case you were thinking this, making a payment after the SB limit doesn not restart the SB clock and you could rightfully demand any money back.

If court papers do turn up and you are absolutely sure this debt is SB then that is your defence.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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This woman was really unpleasant and pushy, told me my info about statute barred was incorrect and I should research the internet on the subject. When I told her that was where I got my info from she insisted the info was wrong and just went into threats of the upcoming court proceeding and all the extra expenses I would have to pay for the court action because I was liable for them on top of the debt.

Also, I have not yet sent letters claiming statute barred to them, should I send the english or the scottish version of the letter to them?

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If you are living in Scotland then send the Scottish one, As previously stated once the debt has become statute barred after 5 years the debt can not be unstatute barred. The statute in Scotland that relates to this is The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6. This section of the Act states:

 

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

 

then as from the expiration of that period the obligation will be extinguished..."

 

Send the letter recorded, once you have informed them this debt is statute barred, that should be the end of the matter.

 

This letter should do...........................................

 

 

Dear Sir/Madam

 

Account No:

 

In respect of the above account, your company have contacted me/us which you claim is owed by myself/ourselves.

It is my/our understanding that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished...”

 

It is also my understanding that the Office of Fair Trading (OFT) guidance for Debt Collection Companies for statute barred states that:

 

“It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last written acknowledgment/payment of this debt was made over five 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 me/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/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”.

 

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

I look forward to your reply.

Edited by maroondevo52
 
 

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More than likely means they now know you know they are up a creek without a paddle, they should send you a letter confirming they will no longer chase you for the debt, let us know what else they send.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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More than likely means they now know you know they are up a creek without a paddle.

 

That's a very polite way of putting it. I would have added the "S" word just before creek 8-)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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