Red Debt Collection Services - Blackhorse

[czambujinho]

Hello CAG,

 

I come again in search of your help.

 

I got a letter today in the post from Red Debt Collection Services on behalf of Blackhorse

saying that i need to pay the amount owed in full or to arrange a payment plan with them.

 

The last time that i paid any moneys to this account was in 2006/2007 not sure,

but not after that and it was directly still to Blackhorse.

 

I believe to be 2006 thinking...

What's you advice?

Thank you.

[ims21]

Hi

 

I've moved your thread to the debt collection forum.

 

You need to establish exactly when the last payment was made. If it was in 2006 and there has been no written acknowledgement by you since that time then this is Statutory Barred. If the last payment was in 2007 it depends when exactly (unless you are in Scotland).

 

Does this debt feature on your credit file?

[czambujinho]

Hi ims21,

 

It's not in my credit report for about 2 years. And now i'm sure last payment was 2006.

Thank you.

[ims21]

In which case I would send Red the Statutory Barred letter from the CAG library (top left of every CAG page in green)

[czambujinho]

Do you mean this one? Thanks.

 

(Your home address)

__________________

__________________

 

Date:______________

 

To:

 

without prejudice

 

Dear Sir/Madam

 

Account No:

 

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

 

I/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.”

 

I/we would point out that in their debt collection Guidance, the OFT regard the following unfair or improper business practice for a creditor to:

 

•pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.

•continue to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred.

The last payment or acknowledgement 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/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

I/we await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.

 

Yours faithfully

 

(Your signature)

[ims21]

Yes that one will do (but you don't need the "Without Prejudice" bit.

 

Alternatively this one

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[czambujinho]

Thank you very much.

Will go in the post still today.

 

Thanks again.

[dx100uk]

watch 'em magic up a phantom payment for 2007 you knew nothing about

 

usual trick for REd [we'll lowells in sheeps clothing]

 

dx

[renegadeimp]

watch 'em magic up a phantom payment for 2007 you knew nothing about

 

usual trick for REd [we'll lowells in sheeps clothing]

 

dx

 

August-september for a tiny amount.