HFO Capital chasing me!

Spearsy1982 · 27 October 2010 at 7:43PM

Hi,

I really really need help andadvice!
In 2003 I had a barclaycard with a credit agreement of £250, I defaulted on the agreement and I recently had a letter from a company called Roxburghe stating that I owed £2600! I called them on the number provided and asked for statements and evidence of the fees and charges. They sidthey would provide these but if I didnt make a payment of £160 there and then they would send in the bailiffs to seize my goods! Obviously this frightened me so I paid the £160 thinking tis would keep the bailiffs away whilst I waited for the statements which I then intended to take to citizens advice. However the statements never came and they are still chasing for th money! Am i right to ask for the statments? what wouldmy next step be after this?
Is the debt 'statute barred' as it is over six years old or because I was scared into making a payment have I admitted liability for the full amount?

Please help, any advice would be so appreciated as I do not want to lose my furniture but simply cant afford £160 per month.

Thankyou in advance

bottleofred · 27 October 2010 at 7:50PM

Hi,

Can you remember when you last made a payment in 2003 and when you paid the £160 more recently. The debt may be statute barred. Debts become statute barred if no acknowledgement or payment is made towards them in 6 years (5 years in Scotland), so depending on the dates, the debt may be statute barred.

fermi · 27 October 2010 at 7:52PM

Before you paid the £160, was there a gap of 6 year in which you didn't make a payment or acknowledge the debt in writing?

Spearsy1982 · 27 October 2010 at 8:03PM

Firstly Thank you so much for taking the time to reply, I never actually made a payment to barclaycard (I know this is irresponsible but I was young and stupid) The only payment I have made is to the solicitors Roxburghe who are acting on behalf of HFO Capital and this was the £160 which I paid in August.

Thanks in advance

fermi · 27 October 2010 at 8:09PM

So over 6 years the?

If so, then it would be statute barred.

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

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself ourselves.

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".

It is clear that there was a period of 6 years where no acknowledgement or payment regarding this debt was made.

Consequently this debt is and remains statute barred under the Limitation Act 1980.

This clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

Unless you can provide prior 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.

Please note that any claim will be vigorously and fully defended, and that you will be put to a strict proof of any payment or acknowledgement within the limitation period.

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".

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

Spearsy1982 · 27 October 2010 at 8:16PM

Thank you so so much! You have just made my day!
I really appreciate you taking the time to help, I will send the letter tommorow!
Should I receive any problems with them after this can I message you for further advice please?
There was definatly a six year gap but are you sure that the fact i recently made a payment (which I feel I was bullied in to doing) does not change the 'staute barred' status

fermi · 27 October 2010 at 8:23PM

Spearsy1982 wrote: »

There was definatly a six year gap but are you sure that the fact i recently made a payment (which I feel I was bullied in to doing) does not change the 'staute barred' status

It is set out clearly in the legislation.

http://www.legislation.gov.uk/ukpga/1980/58#pt1-pb10-l1g25

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

and

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

If you have started to make payments on a debt where there was more than a six-year gap then it is probably unenforceable

If you want extra reassurance, then give National Debtline a call free on 0808 808 4000

HFO Capital chasing me!

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