Statute Barred Debt? Advice Needed

doofa_2

Thanks again for the great advice.

I have just spoken to the National Debtline and they came to exactly the same conclusion, that as there is no reciprocal agreement then they cannot enforce the debt through the UAE courts and if they try to in the UK courts then the Limitations Act would come into force and the debt would be time barred.

I now just have to try to couch this in some form of letter to Oriel basically telling them to naff off without offending them too much.

I cannot express how grateful I am for your help and advice (and the lack of judgement!).

doofa

fermi

Nice to hear what I suspected when I PM'd you confirmed.

Just adapt the letter here with the additional info.

rog2

doofa wrote: »

I have just spoken to the National Debtline and they came to exactly the same conclusion, that as there is no reciprocal agreement then they cannot enforce the debt through the UAE courts and if they try to in the UK courts then the Limitations Act would come into force and the debt would be time barred.

I fully agree with the advice given by NDL. :T

You can, now, simply send the 'Statute Barred' letter that you will find in the following (also NDL) link: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Just be a bit wary of what reply Oriel 'might' make. I have looked at their website - www.orielgroup.co.uk/collections/consumercollections and they claim to have be highly successful in the recovery of 'written off debt'.

They 'might' just try to use the argument that this debt is not a UK debt and is, therefore, not covered by the terms of the Limitation Act, 1980. If this is their reply, then it might be time to be a little less diplomatic with them.

doofa_2

Thanks guys, I have adapted the standard Statute Barred letter and added some bits about the lack of reciprocal agreements and the lack of real authority to claim the debt with false representation not actually from the bank and will send it by Recorded Delivery tomorrow.

Again your advice and help is beyond thanks.

I will update if and when I get a response from them.

doofa_2

Just a quick update..........

I just received another letter from Oriel, no acknowledgement of my letter or any of the points raised in it, just threatening to instigate legal proceedings within 7 days and talking about how much interest will be added etc etc, seems like scare tactics I think.

What next? Do I do another letter threatening to report them for harrasment, or just ignore the whole thing as I made my position very clear on the first letter?

rog2

doofa wrote: »

Just a quick update..........

I just received another letter from Oriel, no acknowledgement of my letter or any of the points raised in it, just threatening to instigate legal proceedings within 7 days and talking about how much interest will be added etc etc, seems like scare tactics I think.

What next? Do I do another letter threatening to report them for harrasment, or just ignore the whole thing as I made my position very clear on the first letter?

I doubt very much that Oriel will, or even can, instigate Legal Proceedings, so I would be incline to treat their 'threat' as just that - an empty threat at best.

Providing that you have proof that Oriel have received your letter - e.g. Post Office signed for - then I would just ignore the letter.

If they persist, you can report them to Trading Standards as they are implying that they have powers that, in fact, they do not.

doofa_2

I did send the letter first class recorded so it would have to be signed for, should I send another letter telling them again that if they persist I will report them or just ignore it now, as I stated it all in the first letter?

rog2

doofa wrote: »

I did send the letter first class recorded so it would have to be signed for, should I send another letter telling them again that if they persist I will report them or just ignore it now, as I stated it all in the first letter?

Ignore it for now. If they send you another letter, then report them.

wonk

Hi. I'd be interested to find out if you've had any further communication aout this. I'm in almost exactly the same situation: same country, same DCA. The only difference is that I'm not sure whether the debt is older than 6 years.

I havn't called the NDL yet (only got the letter today) but I'm not too concerned given the comments about the dept not being enforcible in the UK. Maybe I should be?

I'd love to know if you managed to get Oriel off your back.

Cheers

wonk

Unfortunately, repeated attempts to call the NDL have so far been unsuccessful. I'll keep trying, but in the meantime, does anyone have any advice?

The letter I received wasn't sent by recorded delivery, so as far as the DCA are concerned I haven't necessarily received it. It 'invited' me to call regarding the debt within 7 days, but didn't mention what would happen if I didn't.

Is the general consensus still that the debt is unenforcible in the UK?

Any advice is much appreciated.