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Darlings OH v Nat West - Business


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The OH had a business overdraft in 1990 for his Limited Co. Unfortunately the business hit bad times and was liquidated in 2000. They asked for the money back but he was not in the position to do anything then and to be honest we are not in a position to pay it now either. I think he has had one or two letters since then, but not for the last few years anyway.

Received a letter from Cobbets yesterday asking for his intentions for paying back the money. I'm thinking that this should be statute barred so have fired off this letter to them today

 

No debt is acknowledged to you. You have contacted me regarding the account, which you claim is owed by myself.

I 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’.

The last correspondence/payment/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 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.

Furthermore the OFT Debt Collection Guidance states 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.

Shall wait and see what happens next !

Won: a few, claiming: quite a few more !!!!

 

Better in our pockets than in theirs eh! :)

 

If I help in any way please click on the scales in the corner but please remember that any advice I give is purely my own experience or opinion.

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will be interested to know what response is made.

 

So am I Nattie to be quite honest i'm bricking it here hun !

 

I don't the the OG is to sure either Jan.

 

But hey ho nothing ventured nothing gained eh ! ;)

Won: a few, claiming: quite a few more !!!!

 

Better in our pockets than in theirs eh! :)

 

If I help in any way please click on the scales in the corner but please remember that any advice I give is purely my own experience or opinion.

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Ok the OH has read the letter and is now being a complete coward, am now trying to fend of loads of what if questions, so before I get done for murder, what do you think I should do Nattie & Jan, should I send the letter pp'd by me and risk it. Whats the worse that could happen ? In the meantime i'm nagging him to dig out any paperwork that he has on this.

Won: a few, claiming: quite a few more !!!!

 

Better in our pockets than in theirs eh! :)

 

If I help in any way please click on the scales in the corner but please remember that any advice I give is purely my own experience or opinion.

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UPDATE - Just retrieved what paperwork he has and looks like the last letter he sent them was on 30 July 2002 and last letter received from them was dated 31 July 2002. And get this its with Royal Bank of Scotland and not Nat West, the OG is truly starting to get me wound up now. So I'll get the mods to move this thread accordinly I think.

Won: a few, claiming: quite a few more !!!!

 

Better in our pockets than in theirs eh! :)

 

If I help in any way please click on the scales in the corner but please remember that any advice I give is purely my own experience or opinion.

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Ooooops I've signed it and sent it wonder what will happen now lol. The OG is going to murder me pfffft !

 

I've just found out that Nat West and RBS are part of the same group so even more confusing.

 

Just to clarify this started with Nat West and got passed over to RBS when they merged or whatever a few years ago.

Won: a few, claiming: quite a few more !!!!

 

Better in our pockets than in theirs eh! :)

 

If I help in any way please click on the scales in the corner but please remember that any advice I give is purely my own experience or opinion.

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  • 2 weeks later...

Got a reply from Cobbetts today :

 

Dear Sir,

 

We thank you for your letter of 17 April 2007 and apologise for the delay in our response.

We are currently looking into the matter and will revert to you further in due course.

 

Well I wonder what will happen next ?

  • Haha 1

Won: a few, claiming: quite a few more !!!!

 

Better in our pockets than in theirs eh! :)

 

If I help in any way please click on the scales in the corner but please remember that any advice I give is purely my own experience or opinion.

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