Statute barred query-somebody help please!

jeebeeb · 1 April 2010 at 9:03PM

Hi

I have a debt from eight years on my Equifax credit file which has been updated as late payments for the last four years. I have not made a payment or acknowledged the debt in this time. I sent them the statute barred letter and they claimed that the debt was not statute barred as they had been sending me statements every month for eight years (they hadn't) Does this make a difference and can anybody advise what i should do next?

fatbelly · 2 April 2010 at 10:26AM

Their argument is clearly rubbish.

I presume that you hadn't acknowledged the debt for over six years at the point that you sent the SB letter (your post does not make that clear)

If they continue to contact you, you should complain to the FOS, quoting OFT Debt Colection Guidance.

You should find what you need in this thread

http://forums.moneysavingexpert.com/showthread.html?t=2111667

DarkConvict · 2 April 2010 at 12:00PM

Good SB letter to send them - http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

Them sending statements or information to your credit file does not affect the statute barred date. The date is based on your actions only.

If they wanted to secure the debt they must have got a CCJ before the 6 years ran out.

jdturk · 2 April 2010 at 1:08PM

Just so I am clear your last contact was 8 years ago and not 4?

jeebeeb · 4 April 2010 at 9:30PM

Hi. Thanks for the responses.

I first sent the template statute barred letter to them last year.
This was over eight years since I last made any payment to them or even spoke with them (never mind make any acknowledgement!) They wrote back stating that the debt is not statute barred as they have been sending me statements on a monthly basis. Who would believe that any bank would send statements on a monthly basis for eight years and not take any further action? They claim that there were no markers out on my their system to prevent statements being sent (??)
Anyway, my point is, they didn't send any statements in this period but if they did, which is their argument, would it make a difference with regard to the debt being statute barred?

Thanks in advance for any further advice.

DVardysShadow · 4 April 2010 at 9:51PM

They could claim to have sent you the statements on the backs of gold elephants - and even if they actually had, it means nothing. The crucial point they have to be able to show is that you acknowledged the debt before 6 years is up from the last payment or the previous time you acknowledged the debt. Keep hold of their letter, it does tend to support your position that you have not acknowledged the debt.

fermi · 4 April 2010 at 9:55PM

jeebeeb wrote: »

Anyway, my point is, they didn't send any statements in this period but if they did, which is their argument, would it make a difference with regard to the debt being statute barred?

None whatsoever.

The law is clear. To stop a debt becoming statute barred there must have been within the 6 years either:

a) A payment made by you.
b) Acknowledgement of the debt BY YOU in writing and signed by you.

NOTHING else counts.

The creditor could send you a statement/letter every day for the entire 6 years, but it would still not stop the debt becoming statute barred.

Did they put the lie about the statements in writing?

If so them report them to the OFT and trading standards. They are making deceptive statements and deliberately trying to mislead you over the legal position/standing of the debt.

fermi · 4 April 2010 at 9:59PM

To NastyWest by recorded delivery...............

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

On xx/xx/2008 I wrote to Natwest regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:
1) 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".

2) 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".

3) The last acknowledgement or 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.

4) 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".
Therefore it is clear that any further attempt to press for payments is in breach of Office of Fair Trading Guideline referred to in item (4) and constitutes harassment.

I also note that you claim that your sending statements prevents the debt in question becoming statute barred.

As you are aware, this statement is entirely false.

The Limitations Act 1980 specifies that the only form of acknowledgement capable of extending the limitation period is one made by the debtor in writing and signed by them.

Your attempt at misrepresenting the legal position on this is a best a gross breach of OFT guidelines, and may constitute an offense under several Acts, including the Consumer Protection from Unfair Trading Regulation 2008.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

Furthermore, that the OFT has recently enforced their guidelines by placing a legal requirement on several companies to cease pursuing statute barred or disputed debts.

Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:
constituent member of the Natwest or parent group

a third party acting on your behalf

a third party that claims to have been legally assigned this debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

Statute barred query-somebody help please!

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