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Statute barred debt and how to deal with it

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Hi there,

 

I have a debt collector agency chasing me for a debt dating back on 2000,

they sent me a first letter and asked if I was confirming living at my current address which I confirmed.

 

Then a second letter in which they asked if I lived at a some other address which I reply confirming.

 

Finally the last letter asking to pay online for a debt which dates back to 2000.

 

I have never acknowledge this debt to this agency

so I want to send them a statute barred debt letter,

 

my only concern is that I have signed my first letter,

 

can the debt collect company falsify documents and use my signature?

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I doubt very much if even a debt collection agent would falsify a letter acknowledging a debt ( This would be very dangerous ground) Can you provide the name of the DCA, judging by the statement made in the initial letter I suspect this came from a company based in the west of Scotland who are notorious for Statute Barred debt Purchase.

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Hi Wecome to CAG, This is really very very unlikely it has been a ''myth'' for many years.

 

If you are sure no payment or written acknolegment has been made in 6 clear years send the following to the DCAs Compliance Manager by recorded delivery.

 

Ref: as on their letter.

 

Dear Sir'

 

Notification re The Limitations Act 1980.

 

I refer to your letter dated xx xx xxxx in which you allege that I am liable for a debt in the sum of £xxxxx, please not I do not acknowldge any debt to you or any company you may claim to represent..

 

Having reviewed my financial history I have concluded that any such alleged debt is statute barred, therefore I will not now or at any time in the future make any payment or offer of payment in regard to the alleged debt.

 

You will now cease to process all data relating to me and remove it from your records with immediate effec.

 

I am fully aware of the OFT Guidance on Debt Collection 2003 updated November 2012 and the sections relating to the pursuit of statute barred debt.

 

Final Response.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Doesn't matter whether you admitted the debt or not after six years. Once Statute Barred nothing can unbar it. ;)


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First Credit here in London

Ok, known to be litigious,like sending out Statutory Demands, just send the letter by recorded delivery, the onus of proof is entirely on 1St Credit.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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By the way, one more question......how can I do a recorded delivery to a PO BOX? Is there a way t do so?

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By the way, one more question......how can I do a recorded delivery to a PO BOX? Is there a way t do so?

 

You can send recorded delivery to a Po Box address. I have worked for companies with Po Box addresses and we always managed to receive letters, which we signed for. The Royal Mail will just take the letters to the proper address and get them signed for in the normal way.


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Don't use th PO Box use the head office normal address!!

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Don't use th PO Box use the head office normal address!!

 

How do I get the full Head Office address? It is not written on the mails......should I get it from their web site?

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Yes all details will be on the site.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just finished reviewing my template and ready to send to First Credit Head Office with Royal Mail First Class Recorded

1st Credit Limited

The Omnibus Building

Lesbourne Road

Reigate

Surrey

RH2 7JP (address taken from their web site)

 

Firstly no debt is acknowledged to you.

 

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

 

Having reviewed my financial history I have concluded that any such alleged debt is statute barred, therefore I will not now or at any time in the future make any payment or offer of payment in regard to the alleged debt.

 

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 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 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 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.

Yours faithfully

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Your letter should do the job well enough.

 

However, while Brig's letter may seem a bit "light" on first reading, the power in it is in what it doesn't say. Which is anything specific about sections of acts or OFT advice. Or suggestions about going to court or not. Putting those points in can give a DCA an excuse to begin an argument on the specifics which can then put you on the back foot.

 

Brig's is actually quite a weighty letter and (I understand) had been proven to work many times. (The DCAs license requires them to know the law and OFT guidance anyway).

 

I have been lucky enough to have expert advice on this myself (thanks Brig) and I no longer quote chapters of law or OFT advice in my letters.

 

There are exceptions - the Act should be quoted in a legal request. E.g A CCA request or a SAR.

 

There is nothing wrong with your well researched letter and I hope you don't feel lectured, that is not my intention.

 

But for improving the outcome from letters, I found my lesson on this was important enough to share.

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Your letter should do the job well enough.

 

However, while Brig's letter may seem a bit "light" on first reading, the power in it is in what it doesn't say. Which is anything specific about sections of acts or OFT advice. Or suggestions about going to court or not. Putting those points in can give a DCA an excuse to begin an argument on the specifics which can then put you on the back foot.

 

Brig's is actually quite a weighty letter and (I understand) had been proven to work many times. (The DCAs license requires them to know the law and OFT guidance anyway).

 

I have been lucky enough to have expert advice on this myself (thanks Brig) and I no longer quote chapters of law or OFT advice in my letters.

 

There are exceptions - the Act should be quoted in a legal request. E.g A CCA request or a SAR.

 

There is nothing wrong with your well researched letter and I hope you don't feel lectured, that is not my intention.

 

But for improving the outcome from letters, I found my lesson on this was important enough to share.

 

Actually it is an interesting point of view, that is exactly why I have posted my template prior to send it over. Feedback is well accepted and additional changes on the template on the way.

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I formulate each letter to suit an individual case, slight variations in wording, change the implications, particularly when ''qouting'' sections from guidance, regulation and legislation.

 

DCAs, Creditors, and Judges have seen every template letter written fo an untold number of years, the extemporaneous letter implying that thw wtitter is fully aware of Guidance for instance suggest the the recipient should also be so informed, I find that it has far more positive results that ''chapter and verse''.

 

If faced with a mass of templates from a ''defendant'' I'm more than tempted to ask for a verbal account of the conduct the case.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Guys.....thank you for your prompt feedback, reverted to this template

 

Your Reference Number: xxxxxxxxxxxx

 

Dear Sir/Madam

 

Notification re The Limitations Act 1980.

I refer to your letter dated xx xx xxxx in which you allege that I am liable for a debt in the sum of £xxxxxxxx, please note I do not acknowledge any debt to you or any company you may claim to represent..

Having reviewed my financial history I have concluded that any such alleged debt is statute barred, therefore I will not now or at any time in the future make any payment or offer of payment in regard to the alleged debt.

You will now cease to process all data relating to me and remove it from your records with immediate effect.

I am fully aware of the OFT Guidance on debt collection 2003 updated November 2012 and the sections relating to the pursuit of statute barred debt.

 

I am pretty much ready to seal the envelope.....unless last minute feedback..!

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Ok ready to go by recorded delivery.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Good to go from me too.

 

I wish I could write as eloquently to my creditors TBH.

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