Letter after 10 years

Welshdebtor

THIS LETTER IS DESIGNED TO HELP YOU DISPUTE LIABLITY FOR A DEBT WHERE A CREDITOR HAS NOT CONTACTED YOU FOR OVER SIX YEARS AND YOU HAVE NOT MADE A PAYMENT OR WRITTEN ACKNOWLEGING THAT YOU OWE THE DEBT DURING THIS PERIOD.

Your Name:
Your Address:
Date

To:

WITHOUT PREJUDICE

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)

Welshdebtor

the power of copy and paste lol

JungleFaceJake

Thanks everyone, I was absolutely C**ping myself, and within a few minutes I have something to go on.

I feel a lot better about things now.

Nice one

Welshdebtor

Thats why this board exists ............saves on washing underwear so often

niccatw

Welshdebtor wrote: »

Thats why this board exists ............saves on washing underwear so often

:rotfl::rotfl:

This is the link to unenfoceability thread - all the letters or follow-up letters you might ever need to send http://forums.moneysavingexpert.com/showthread.html?t=2060575

MrsTinks

Ok - the statute barred comes into play after 6 years in England and 5 in Scotland - not the other way round...
Second myth - the debts are not written off - they are statute barred meaning the creditor can't chase your through the courts for them (leaving them virtually powerless...)

UNLESS they have already taken out a CCJ against you OR they can prove to a judge they have actively tried to track you down but you have purposely avoided them and ignored them by moving etc.

Sorry if it isn't all pink and rosy but I think you need to have the facts...

Have you checked to see if there is a CCJ against you for this or any other debt?

JungleFaceJake

I'm pretty sure I don't have ccj's, but I have heard nothing about these debts for so long.
I didn't have any before I lost track of the debts (ran away)

Welshdebtor

JungleFaceJake wrote: »

I'm pretty sure I don't have ccj's, but I have heard nothing about these debts for so long.
I didn't have any before I lost track of the debts (ran away)

Then they can not pursue you for payment. So you have control of if and when the debt is repaid. As MrsTine said it will still exist, unless you hear otherwise. So if you want to pay it, you can. But once you make tht first instalment, you start from the start again, they can then pursue you (least this is my understanding of the law)

savingmummy

MrsTine wrote: »

Ok - the statute barred comes into play after 6 years in England and 5 in Scotland - not the other way round...
Second myth - the debts are not written off - they are statute barred meaning the creditor can't chase your through the courts for them (leaving them virtually powerless...)

UNLESS they have already taken out a CCJ against you OR they can prove to a judge they have actively tried to track you down but you have purposely avoided them and ignored them by moving etc.

Thank you i now know x

DarkConvict

Small correction, in Scotland the law is stronger. The debts are extinguished, so basically are written off. In England, as they are just unenforceable they still exist and can be paid, however once you notify the creditor of this fact they should cease all further collection activity - SB Letter - http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227