Equidebt

[r4m]

Hi all,

 

Hoping I can get a spot of advice on the below if possible.

 

I had 2 letters from Equidebt today and did the mistake of ringing them. (before looking for advice)

 

Confirmed all the details and the chap told me what the debt was for, from 2001, from a previous old address, I did not at any point confirm that address or the dept in question. He just replied with try find any paper work to see if I lived at that address or not and to ring them back with what i find or not.

 

Now I got the 2nd letter saying Debt collection notification.

 

Do I continue to ignore these letters or send them a letter back? as follows-

 

 

Your company has contacted me in respect of the above account which you claim is owed by myself

It is my understanding 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".

I/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 correspondence/payment/acknowledgement or payment of this 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 me/us 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 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 contrary to section 40 (1) of the Administration of Justice Act 1970".

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.

 

any help will be appreciated.

[maroondevo52]

Hello and Welcome, r4m.

 

I've moved this thread to the Debt Collectors Forum.

 

Regards.

 

Scott.

[maroondevo52]

If your sure the debts Statute Barred then yes I would send the letter, if you don't they will continue to persue you.

[r4m]

well this is the first time i heard of the debt since 2001 as i forgot about after a few years

[maroondevo52]

What was the debt ?

[r4m]

credit card

[maroondevo52]

They are deffo at the 'ham', you can either ignore them and see if they do get in touch again or send the letter, that way they should write to you confirming they will no longer be chasing the debt.

Up to you really.

[dx100uk]

SB letter then ignore

or ignore without

 

dx

[r4m]

thank you very much for advise