Old debt??

[j.barton1]

Hi All, I received a letter today from scotcall re a debt from 02.03.2001.

 

I made a cheque purchase which didnt clear, then they represented it and it cleared. The debt letter is for the £20 penalty for bounced Cq!!

 

I sent them this email...

 

I am writing regarding a letter I received with the above reference number.

 

I have no recollection of the above debt and would like to know what this is in regards to. From the look of the amount it relates to a penalty fee from a bounced cheque, if this is not the case please let me know.

 

I have a couple of points regarding the outstanding balance.

 

1. This debt has exeeded its limitations in statute see...

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

• In simple contracts, 6 years
  
• In contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

2. The said amount looks very much like a penalty charge , which are unlawful. There is a test case being brought to high court to prove the unlawfulness.

 

As stated before, I do not accept this is a debt incurred by me and would like further information before I take further action.

 

You can contact me by e-mail only on the following address...

 

 

We then managed to get through to scotcall on the phone and he agreed ...begrudgingly..with me that he cannot get this off me, and has sent it back to certegy who deal with the cheques. Am i right in whati have said and whatshould i say to certegy if/when they get back to me?

 

 

Thanks

 

Jenny

[Curlyben]

Sounds like you are totally spot on with this.

You shouldn't hear anything further, but even if you do NO enforcement is possible.

[pt2537]

I agree with Curlyben.. totally statute barred theres nothing they can do at this point

[j.barton1]

Thanks both of you, I was fuming when i got the letter, i appreciate the advise.

xx