Help ... please .... with old debt (possibly statute barred?)... UPDATED !

jtb2412

I'm not sure if I've posted this on the right forum so apologies if I have !

Brief outline below:

Hubby got divorced from his ex-wife in 1998. We've just had a letter from Thames Credit (part of Aktiv Kaptial I believe) saying that we owe Barclays Bank just short of £600. We've rung Barclays and have found out that the debt is from 2002, after hubby divorced his ex whom the account was with (joint account). The debt, as far as he can remember, was not run up when he was with her so she must have run it up after they divorced. He said they only had a £50 buffer zone and he signed no credit agreements (we presume the £600 was an unauthorised overdraft that she run up - we have no idea where she is now and hubby never got his name removed from the account - suffice to say i've belted him for that one - not literally ! lol).

So, I'm thinking that firsly, the debt is statute barred as is over 6 years (july 2002 to be precise).

Secondly I don't think we will ever get a copy of any agreement, because he simply did not sign anything (e.g. agreement to extend overdraft).

We've tried to get through to Thames Credit but they say their offices are closed (even though it states on the letter that they are open !!!!)

Hubby has spoken to both Barclays and Aktiv but has stated that he does not acknowledge the debt and disputes it.

Can anyone help as to what we do next? Am I right in thinking a letter saying that he disputes the debt and to go swing because it is statute barred anyway, is in order?

Any help very much appreciated !! TIA xx

10past6

There are a couple of letters you could send to Thames, I would suggest this one, however, one thing you must NOT do is speak to ANYONE on the phone no matter how tempting it is to try and resolve it, no one will listen, and the folks you call are in a call centre with no authority to deal with your issue, send the following letter by RECORDED DELIVERY:


Date

Dear Sir/Madam

Account no: xxxxxxxx

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

I would point out that I have no knowledge of any such debt being owed to (insert company name).

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

I 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.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

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

Otherwise I 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

ONLY PRINT – NEVER SIGN YOUR NAME

jtb2412

Thank you 10past6 - very helpful ! :beer:

I'm a bit unsure about the paragraph where it mentions 'third party' though - my thoughts are that because they were married when the account was opened, surely they are jointly liable and hubby can't really be called a third party? (excluding the fact that it is over 6 years anyway) - should I maybe leave that paragraph out?

I also had a quick nose about and found this letter:

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/we 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/we 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 correspondence/payment/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/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully
(Your signature)



Which one is the better one to send?

Sorry for all the questions - never had this before !

RAS

I would send the statute barred letter that you have posted above.

With respect to the account, if this was in deficit when they split, he would not have been allowed to close it or take his name off it. He could have insisted that any further debit had to have both signatures, that is all.

jtb2412

Received a letter yesterday morning from Thames Credit saying that they have looked into the matter and that they will NOT be pursuing because it IS statute barred and the account is now closed :j

Kind of surprised us as we thought we would be in this for the long haul (lots more letters etc).

So, they do know exactly what they are doing (e.g. last ditch attempts and trying to scare people into paying) so don't give up !

cally6008

I've had a letter from Thames Credit a couple of weeks ago as well. The letter does not mention any amounts or names of a company but after 3 hours digging and hunting through boxes I have found that it is from a very old loan. There is over 6 years between the last letter received, to do with the account, and this recent letter so can I presume it is now Statute Barred ?

Should I ignore the letter for now and reply if they send me another one or should I send the one that JTB has posted above ?

RAS

If you are absolutely sure i is statute barred send the jtb quoted.

If you have ANY doubts (like it was a joint account and your partner or ex-partner might have made one payment in the interim), then preface the letter with "I do not acknowledge any debt to your company".

cally6008

How do I make sure it is definitely Statute barred ? Deep down I know it is but I want to be 100% sure.