Old debt

jayneybella

I am looking for some advice re I have recieved a letter today telling me a debt collector wiil be calling to my home .This involves a debt that is 15 years old when my ex partner ran up a lot of debt in my name (I did not know about this ) I have explained to the company that this debt was not mine although it is in my name ,my husband and I have worked hard to clear all this mess up that I was left with and didnt even know about this one.What I really want to know is can they chase me for debt that is that old somone has mentioned to me that it is usually written off after a few years or will I have to pay it ,if so can I offer them a very small amount each month.

fermi

If at any point there were no payments or acknowledgements of the debt by you in writing for a period of 6 years, then the debt will be "statute barred" and legally unenforceable.

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

You can also tell them that you do not wish to be visited

Send the letter below to the debt collector by recorded delivery.

You can keep a copy to hand to anyone who is silly enough to call on you in person.

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

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/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".

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

We also notice the OFT have recently placed requirements on Mackenzie Hall Ltd. Specifically, that they and all similar companies cease collection activity and enforcement while any debt remains queried or disputed. Should you ignore this requirement, a complaint with the OFT and other regulatory bodies will be raised.

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




Mrs A N Other

McKneff

Hi fermi,

Wow, what a letter, that'll sort the burgers out.
regards

jayneybella

Thankyou for that They did write to me about three months ago when I rang them up and told them the situation ,this was the first I knew about it,this doesnt count as contact does it ,sorry but I just want to make sure I am well informed before I contact them.

jayneybella

Just reread your post and the original company is Mackenzie Hall Ltd am I right in thinking they shouldnt even be sending out these letters?

fermi

jayneybella wrote: »

Thankyou for that They did write to me about three months ago when I rang them up and told them the situation ,this was the first I knew about it,this doesnt count as contact does it ,sorry but I just want to make sure I am well informed before I contact them.

No, that doesn't count.

Acknowledgement must be in writing by you.

So:

• Phone calls don't count.
• Letters from them to you don't count.

Also, once there has been 6 years without acknowledgement or payment the debt becomes statute barred. Once it is, it remains that way PERMANENTLY.

If you make a payment or acknowledge the debt after that it remains statute barred and so legally unenforceable.

Debt collectors will lie through their teeth on the phone to try and fool you into thinking otherwise, so best to not phone them.

Instead just write the letter above, and only deal in writing.

If they continue to hassle you after they have received that letter, then report them to the OFT and Trading Standards.

fermi

jayneybella wrote: »

Just reread your post and the original company is Mackenzie Hall Ltd am I right in thinking they shouldnt even be sending out these letters?

Not quite.

They can ask nicely for you to pay, but if you write back to them stating that the debt is statute barred (and they can't prove otherwise) then they MUST stop trying to collect the debt.

If they continue to hassle you after that letter then report them.

jayneybella

Thankyou so much fermi you have just made my day I thought we were going to have to pay for my rotten ex again! Off to print letter now Thanks again.:j

fermi

jayneybella wrote: »

Thankyou so much fermi you have just made my day I thought we were going to have to pay for my rotten ex again! Off to print letter now Thanks again.:j

Good.

If you have any more hassle, then I do have a follow up letter. Post and let us know.

Shouldn't be needed unless MH want to serious annoy the Office of Fair Trading, but you never know with these idiots.:rolleyes:

GeorgeUK

It would only be contact in writing, not on the phone.

Even if you did write to them stating the debt was yours, once a debt becomes statute barred, it remains statute barred. Even when payments are made towards a statute barred debt, it is still unenforcable.

Edit: Oops - guess who didn't press refresh before posting

jayneybella

Hi everyone followed your guidance and sent the letter to both the debt recovery agency and also to the doorstep recovery agency,both recorded delivery as you said . Have heard nothing back am I likely to or will (fingers crossed !) that hopefully be the end of it.
Thanks again for your help I would probably have agreed to pay them if it hadnt been for you :beer: