help required.

[mcdoodle]

Hi! I really could do with some help with my problem.....

I had some HP about 12 years ago, which i finally paid off about 6 years ago in a lump sum.

recently, I have had a threatening correspondence from a debt agency for this debt that i paid over 6 years ago while stationed in germany. Unfortunately, i have no proof that i paid this off as i move around quite a lot and to keep absolutely every bit of paperwork is ridiculous, you dont expect to get hassled over 6 years later. the bank i was with at the time( a german bank) is no longer there and i dont even have my account number from the closed account.

I have tried to speak to the people that have bought the debt and requested all previous correspondence, statements, etc but to no avail. I have also questioned why it has taken so long to get in touch, no answer forthcoming.

things have now been ta\ken on a step and i am being threatened with legal action

can anyone give me any advice?

cheers

mcdoodle

[389shell]

I take it the debt was run up whilst you were in Britain and not Germany? If your last correspondence with them was over 6 years ago, then if there was any debt it is stature barred under The Limitation Act(1980), don't acknowledge the debt, try this letter to them (thanks to andy8)

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Acc/Ref No xxxxxxxxx CLIENT REF:evil:xxxxxxxxxxxxxxxxx

 

You have contacted me regarding the account with the above reference number, 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."

 

I 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 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.

 

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 statue 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.

 

Yours faithfully

MR xxxxxxxxxxx

 

Hope this helps.

[PriorityOne]

You need to add the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY at the top, just in case it's not quite over the 6 year timespan.

 

Am not sure why "without prejudice" is on it...