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Arvato finance 12 year old debt now there trying to chace it up


mika99
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Hi all my girlfriend how I have been with for 6 years had a letter from arvato finance limited asking for money for a debt which is over 12 years old for a telebank service she took out. Now today we have had a letter from hl legal & collection threatening all types of things legal action in a county court and there will be no further warnings. Now what I want to know is this debt statue barred as this is the first we have heard about this

Many Thanks

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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

 

---------------------------------------------

 

Send by recorded delivery, print your name, do not sign

 

Best Wishes

Stigman

Edited by Stigman
missed information

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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