Statute Barred

[Mad4it14171]

Hi,

 

I know this question has been asked several times but would appreciate if someone could give me the heads up, for peace of mind.

 

I received a letter today from a DCA saying that I owed them money.

 

I was stupid enough to call them and ask them what it was for (Alliance and Leicester) and they said I had to make immediate payment to them to avoid taking action so I did for £100 and asked them to send it to me by email and in writing as I was unaware of the debt.

 

The debt dates back to 1999 and last payment and contact was in 2003 (over 6 years ago).

 

I have since reading up about Statute Barred and called them back saying that I had asked them again for proof I owed them money and that I paid under duress and mentioned Statute Barred.

 

The women took advice and said what do you want me to do. I said that I was going to confirm this in writing "Copy letter below not yet sent" and that not to have any further contact with me.

 

She said she would close the account and contact the Alliance and Leicester advising them of Statute Barred. Their attitude definately changed when I mentioned Statute Barred.

 

Basically, my question is should I be worried?

 

Does the fact I made a payment matter and what to do if I have any more communication from them?

 

Any help you would be appreciated and copy of letter to send below.

 

Thanks

 

Dear DCA

 

RE: xxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by myself.

 

I 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”.

 

Prior to recent payment I felt forced into making under duress the last payment of this alleged debt was made over six years ago and no further acknowledgement or payment had been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I 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 section 40 (1) of the Administration of Justice Act 1970”.

 

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

[postggj]

Dont be worried

 

even if you paid xyz to acknowledge the debt, it makes no difference if the cause of action (the date you stopped payment) is over six years without contact in writing or payment

 

cancell your bank card and send the statute barred template by recorded delivery

[dx100uk]

how did you [pay

if by card....chargeback is your angel

 

get it stopped

 

dx

[Mad4it14171]

Thank You.

 

I have made payment with Visa Debit card and gave them my bank details for direct debit on the basis that they would send me confirmation and evidence that I owed them money which they did not. Stuipd I know.

 

I can cancel my card and direct debit no problems.

 

How do I chargeback?

 

Thx

[postggj]

When did you make the payment

[Mad4it14171]

Today about 9.30ish

[postggj]

Call your bank and tell them to do a charge back on the amount

 

the reason was a dca called and said you owe xyz, pay up now or we will take you to court

 

you paid on impulse and tell the bank you have no knowledge of this debt

 

this is true as its over six years

 

DO IT NOW AND TAKE NO CRAP FROM THE BANK

[Mad4it14171]

I have done that now so great advice, thanks.

 

Am I likely to hear anymore on this from Alliance and Leicester or perhaps another DCA and if so, what do I say / do?

 

Thx

[postggj]

To be honest the debt may get sold etc but once they have received the statute barred letter they must stop

 

they cant trash your credit files either

 

just remember to send all letters by recorded delivery

[Mad4it14171]

I have had a Bad Debt Search by them on my equifax account, as well as another one last year.

 

Any ideas on how to have these removed?

 

Thx

[postggj]

Do you know the date of your last payment and the date of the outstanding debt search

[Mad4it14171]

I cannot remember exactly but it was after 6 years.

[postggj]

Well they have to remove it then

 

contact the credit reference agencies and do a dispute

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.