Old debt was not aware of!

fermi

Ms_Sparkle wrote: »

They said on the phone that we have acknowledged the debt as we have written to them, even though in the letter it says we don't and the debt relates back to 1997!

They are talking rubbish. :mad:

Once a debt becomes "statute barred" it remains so permanently. It doesn't matter one bit what you later do.

Plus the statute barred letter does not constitute a legal acknowledgement anyway.

1st Crudit will lie through their teeth in the hope that you will believe their twaddle and pay.:rolleyes:

If you have any doubt over what we are saying, then talk to a professional advisor from National Debtline. Free on 0808 808 4000. I'm sure they would put your mind at rest.

Ms_Sparkle

GeorgeUK wrote: »

Hi Ms Sparkle

Can you just give a bit of an update?
I agree with what was said earlier about the debt being statute barred, but can you tell us what letter you sent to them?

I sent them the letter that the debt is statute barred from the NDA. I've just tweaked it slightly to send back to the solicitors saying:

Further to your letter dated 8th December 2008, A letter was sent to 1st Credit stating that the debt is statute barred. They have since contacted us a few times on the phone stating that they are taking us to court and being harrassing rather than polite. I request now that this is the end of the matter and a letter confirming so.

You claim this is owed by myself. 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 limitationperiod.

The last acknowledgement of this debt was made over six years ago back in 1997 according to 1st Credit 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.

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.


Do you think that would be ok?

GeorgeUK

Looks good to me.

If you get anything else from these clowns, i suggest you contact nationaldebtline as Fermi suggests and possibly also make a complaint to the Information Commissioners Office and Trading Standards. They shouldn't be giving you false information like that.

Ms_Sparkle

Thank you once again for putting my mind at ease.

rog2

Excellent letter, Mrs S. Please log any further contact, by 1st credit, or any other debt collection agency, relating to this 'debt', and don't be afraid to complain, in the first instance to Trading Standards.
This is yet another example of 'people' like 1st Credit thinking that they are above the law. :mad: :mad:

rinefitz

I too received a phone call from 1st Credit about an 8 year old debt. I wrote to them using the statue barred template. I sent it recorded but they are still sending letters relating to it. I am awaiting a phone call anytime soon with their demands. They are not a nice company to deal with at all.

rog2

rinefitz wrote: »

I too received a phone call from 1st Credit about an 8 year old debt. I wrote to them using the statue barred template. I sent it recorded but they are still sending letters relating to it. I am awaiting a phone call anytime soon with their demands. They are not a nice company to deal with at all.

You should, now, report them to the Trading Standards Office, in the first instance, as they are now acting in contravention of the OFT Debt Collection Guidelines, which clearly state that once a debtor has informed them that he will no longer be making any payments towards this 'debt', as it is Statute Barred, they should cease all further attempts to pursue the 'debtor' for payment.

rinefitz

Thanks Rog2 didn't realise that!

RAS

Definately report them, with copies of the letters they have sent you.

Earlier this year, we realised that the OFT had sent warnings to over a quarter of DCAs, which gives you some idea of the extent of the problems.

Ms_Sparkle

Oh wow, it really is getting to be a big problem. Well with the help of you guys we know what to do to stop these companies threatening and upsetting everyone. The funny thing is I would happily (well not happily but my debt so should) pay debts and do pay back my debts so thats why we were really confused when it arrived.

I think if they contact me after this letter then I really will report them. I'm also tempted to say that I will be recording the call if they phone (even though I won't) just to see if they will talk to me then, as I have a feeling they wouldn't.