Old debt

[legalyinsane]

Just received a letter from a collection agency for a debt over 6 years old, saying that failed to respond to repeated requests from them, funny that i have lived abroad for over 5 years and have never had a single letter from them or have never spoken to anyone regarding the matter.

 

I would appreciate your advice.

[Bigmac versus]

Time barred due to limitation act.

Do not acknowledge.

[legalyinsane]

Hi Bigmac,

what if they come to my door, would it be wise to send them a letter regarding the limitation act?

[Bigmac versus]

If you are sure that no payments have been made in that time and you havent made any arrangements with them then i would CALL them advising them of this.

[legalyinsane]

no payments have been made at all, but what if they still give me grief ?

[Bigmac versus]

OK if they call you demaning payments or continue by letter then refer the matter to Trading Standards who will contact them on your behalf as they are pursuing a debt which is older than the limitation act allows.

Keep notes of calls, letters once you have informed them of the limitation act and that it is time barred.

[legalyinsane]

Thanks, will try that.

[Bigmac versus]

Keep us posted of any goings on.

[tomterm8]

I am no longer welcome on CAG

[clutchingatstraws]

I might be wrong here but if you respond and your last acknowlegement was less than six years ago the limitation will be re-established. So be careful.

 

Can a more experienced member comment on this.

 

Good Luck

[tomterm8]

I am no longer welcome on CAG

[Bigmac versus]

Yes this is why i have said call them, i would personally avoid anything in writing to them in regards to this.

[legalyinsane]

I've decided to ignore the letter, its definately over 6 years and its also in a previous name so they can go sing.

[legalyinsane]

i've just got another letter today from Fredrickson International Ltd informing that i have 7 days to pay or they will start court procedings, i have never aknowledged any debt in over 6 years, advice would be appreciated.

[legalyinsane]

plz

[diskmandave]

Have a read of this, from 2.13 onwards for statute barred debts. It's all a good read anyway.

 

Regards, Dave.

[legalyinsane]

sorry Diskmandave i dont understand your msg

[rory32]

I think Dave forgot to insert the link to what he was refering to.

 

Anyway, on the subject of statute barred debt:

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

[rory32]

Basically, they are trying to harass you into paying. If they attempted to take you to court over this the judge would have a fit.

[diskmandave]

Whoops!

 

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

 

2.13 & 2.14

 

As previously stated it's a good read in its entirety.

 

It's sometimes a good idea to remind them of these guidelines as i'm sure they still don't expect most folk to know about them!

 

Good luck, Dave.

[legalyinsane]

Thanks for help.

Just 1 more question,as it is well over 6 years would you advise that i send them a letter that it statute barred or a letter asking them to prove that it is my debt?

[rory32]

I would just send them a letter stating it is statute barred. There is no reason to dispute the debt as it's irrelevant.