Statute barred or not??? What Right's do I have???

eviltwin77 · 11 December 2010 at 12:21PM

Hi there,
I am in desperate need of some help, I have this Company called HFO contacting me all of a sudden teeling me i owe them over £3500 and that if I don't start re-paying the Debt I will be going to Court etc., the thing is i called them and told them I didn't acknowledge any of the Debt as I don't have a Clue what they are on about. The man on the phone didn't seem very informed and just said this Account was opened in October 2001 and went in to Default in January 2004 and that I had to pay them NOW. I laughed and said "well that's funny as I didn't even live in this Country in October 2001" which I didn't I wasn't resident in the U.K. from March 2000 till March 2002. Then i asked him who this apparent Debt was with and he told me it was Northern Electrics, I have never in my life heard of this Company. Then the bloke on the phone said if I didn't live in the Country at the time the Debt arose I would have to get written proof, he also said I wasn't statute barred from this Debt as they now made Contact with me. I said to him yes you made contact with me after 9 years about something I don't know nothing about so I do NOT acknowledge it. Then he said he didn't know what to do which i found strange he also said if i agreed on a re-payment plan with him now then he would knock off all interest and my Debt would drop from £3500 to £600 which I found very odd. I told him I would go to Citizens advice about this matter and he said there is no point as they would tell me it's statute barred which apparently it isn't and that he would contact the Ombudsman and that the Ombudsman would be in their favour and not mine. I don't really know what to do as I have received a letter today saying if i don't respond within 3 days they will apply to the Court's and I will have the Bailiff's round my house. Can they do this?? Can anyone help please and let me know what my rights are?? Thank you for any help in advance ;o)

dancingfairy · 11 December 2010 at 12:26PM

Hi - you're right - he's wrong. There is a letter on here somewhere that you can send saying that you do not owe any debt to this company - it's then up to them to prove that you do. Hopefully someone can pop up a link to it. Also having spoken to them on them phone makes things a bit tricky with regards to statute barred or not because you can't prove what you said to them sadly - but don't worry because if it's not your debt it's not your debt. IF it turns out you owe this debt ie it's been sold on and sold on then you can worry about whether it's staute barred or not but I wouldn't worry too much at this stage as they are obviously trying their luck with a debt they have brought for peanuts and trying everyone with a similar name - send them the letter mentioned.
Oh you might want to check your credit files just to check they haven't meesed about with your credit file or anything.
df

fermi · 11 December 2010 at 12:29PM

Well, the bloke you spoke to is lying through his teeth.

To be expected really with debt collectors. Never believe a word they say.

Firstly, once it has gone 6 years without acknowledgement in writing or payment by YOU then the debt is statute barred. Once barred it stays that way, permanently, no matter what you later do.

He is also fibbing about contact from them meaning the debt isn't SB. But he will fib, as he is most likely on commission to get a payment ASAP before your realise your rights.

It is also their responsibility to prove that (a) you owe the debt, and (b) that it's not statute barred.

fermi · 11 December 2010 at 12:31PM

Info on statute barred debt in this link.

https://forums.moneysavingexpert.com/discussion/2606811

fermi · 11 December 2010 at 12:33PM

If you want to dispute liability for the debt AND tell them it would be statute barred regardless, then you could use something like this hybrid letter.

Revised version.

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

Dear Sir/Madam

Reference number :

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

I would point out that we have no knowledge of any such debt being owed to <creditor>.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

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".

Furthermore that 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".

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

Mrs A N Other

Heyman_2 · 11 December 2010 at 12:44PM

Based on what he's told you, they don't have a leg to stand on and they know it!

Probably best to follow the advice above though and also check your Credit file as dancingfairy says as this will show you what the state of the debt is (if it even appears on there).

Don't bother speaking to them on the phone ever again either!

eviltwin77 · 12 December 2010 at 12:49PM

oh my god thank you so much for your quick response on this matter, you have helped me out with this so much. I will be using that letter and sending it to them first thing monday morning. I knew there was something dodgy going on but when you're not quite sure of your right's it's best to ask isn't it? Well I have never been contacted ever about this apparent Debt so it is statute barred for sure. I have been ignoring the calls from this company as they call near enough every day which is really annoying. Let's hope once I have sent out that letter I won't hear from them again which will be a huge weight lifted off my mind. Thanks again so much for all your help it's very much appreciated.

dancingfairy · 12 December 2010 at 12:56PM

If they continue to harass them after you have sent them the letter there is another letter regarding telephone harrassment but after making it clear it's not your debt then you could report them to the authorities.
Good Luck
df

fermi · 12 December 2010 at 1:04PM

Make sure that you send any letter by recorded delivery.

eviltwin77 · 12 December 2010 at 1:11PM

Oh i have one more Question is there some sort of time limit you have to send these letters out to them? As they wrote me a letter saying if i didn't call within 3 days they would be taking this matter to court? These 3 days have passed now so do they have a leg to stand on or not??? I must say it's terrible how worried and anxious they can make people with their behaviour it's disgracefull. Thank's in advance for any reply ;o)

fermi · 12 December 2010 at 1:15PM

That is their own made up time scale. Presumably so short in order to panic you into making a payment before you realise your rights.

I can't imagine that they would be daft enough to actually try to take this to court. But if they were, you would just defend the case based on the fact that it was statute barred and that you dispute the debt. It would then be up to them to prove to the court that the debt is legitimately yours and is not statute barred.

Statute barred or not??? What Right's do I have???

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