debt from 8 years ago back to haunt me

curtisdon1

i recieved a letter this morning from 1st credit and was unsure of what it was regarding, so when i rang up they told me it was for a debt i owe from a previous address, as i havent heard anything from the debt in question for over 8 years i thought the debt would of been barred under the 1980 debt limitation act, i have so far denied all knoledge of the debt whilst i get some advice, any help would be great

RAS

Unless there is a CCJ, this is statute barred and 1st Crudit know that. They are already in trouble with the OFT.

The thing is the OFT guidance means they are not allowed to pursue debts which they have been advised IN WRITING are statute barred.

So go to the NDL web-site or wait here and get a SB letter sent odd.

curtisdon1

Ive definatley never received a ccj from this debt, so sending them a letter is the way to go is it? Thanx alot for the help

curtisdon1

Can some1 please put up a template for an sb letter I can use?

Thanx alot guys

fermi

Statute Barred debts.

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

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

Letter to write.

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".

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

curtisdon1

That will do nicely thanx alot,

rachel6188

digitally sign the letter dont physically sign...or am i wrong in this case? xox

curtisdon1

so do i physically sign or digitally sign this letter?

Jesthar

No, don't use your signature. Just type or print your name.

The reason this is advised is that some Debt Collection Agencies are not above taking sample signatures and using them to indulge in a little light 'original document' forgery...

~Jes

curtisdon1

Gud advice jes thanx, I was just thinking will this debt still be statute barred even though I have rang them? When I did ring them I did not admit to the debt I denied any knowledge of it

fermi

curtisdon1 wrote: »

Gud advice jes thanx, I was just thinking will this debt still be statute barred even though I have rang them? When I did ring them I did not admit to the debt I denied any knowledge of it

Acknowledgement MUST be in writing or by a payment.

Phone calls do not legally count under any circumstances.