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Scarlets24

BC&W chasing very old debt that is statute barred

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BC&W have sent me a few letters over the last couple of months, chasing a credit card debt that originated some 12 or 13 years ago when I had some financial difficulties.

 

Origianally I had letters from Aktiv Kapital about it, then Equidebt and not BC&W.

The letters vary from formal demands, settlement offers and now a notice of impending further action.

 

I am pretty sure this is SB'd as I have not acknowledged this debt, made any payments to it, and there is nothing on my credit reports regarding it.

 

My question is this, do I sit tight and just ignore these letters?

And if they decide to go to the county court, I then file my defence?

Or should I head them off now to stop it all?

 

What would be the best (and ultimatly final) way of dealing with them?

 

Thanks in advance.

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hi s24

 

sadly sounds like you are on a phishing list

 

you could send off the SB letter from the library tab green one top left.

 

dx


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So I should send the following?

 

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 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

Mr A N Other

 

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if you wish

 

there are 2 schools of thought with SB debts.

 

send the letter once

 

then ignore

 

or

 

ignore all together

 

as you keep writing letters

 

they think they've found a mug to spoof

 

upto you.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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