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Connaught Collections - Debt over 6 years


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Connaught have been chasing me for about 2 years for a credit card that I had with RBS. I last used it before I got married in 1999.

 

The reason I never paid Connaught despite them harssing me on the phone and even sending someone round to serve me papers (but they gave it to my wife) is that I could never afford the unreasonable payments they wanted.

 

Anyway as the debt was in 1999 am I right in thinking they can not pursue it ?

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send them this:

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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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  • 2 weeks later...

I just got my credit file from Experian and I was surprised to see that Connaught have done a search on me only last month.

 

The Application type is UTILITIES, however the debt they are chasing me is a Credit Card, and its got the words OPT OUT in the search as well.

 

Reading the Experian letter it clearly states that all companies must have my permission to search my file.

 

Should I SAR them first instead of sending the above letter ?

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  • 3 weeks later...
  • 2 weeks later...

Many thanks for the heads up, I am not worried at all now. Connaught had this for 2 years and served 2 Stat demands, on the 2nd one, and discovery of this site made me CCA them. This debt is well over 6 years old, and I think after 2 years 1st Credit will be pretty peeved to recieve it back.

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Many thanks for the heads up, I am not worried at all now. Connaught had this for 2 years and served 2 Stat demands, on the 2nd one, and discovery of this site made me CCA them. This debt is well over 6 years old, and I think after 2 years 1st Credit will be pretty peeved to recieve it back.

 

Plus if you have used Sequenci's letter they are blatantly in breach of the OFT debt collection guidance in continuing to pursue a statute barred debt. So you could complain direct to OFT or go via local Trading Standards...

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