Statute Barred

Nelix

Hi all

I'm new to the forum, well, only just registered but used the forums alot for information in the past.

I recieved a letter at the begining of Jan from Philips Specialist Bailiff and Debt Recovery for a debt from many years ago, I have recieved letters in the past from Lowell regarding the same debt. The letter also has details of the Co-operative bank on it so I'm thinking this was originally owed to them. At the begining of Feb I recieved another letter informing me that as I had not made arrangements to pay the debt an agent/bailiff would be calling to my property to begin alternative collection arrangements.

The thing is, I have NEVER had any financial agreement of any kind with the Co-op, a couple of years ago I recieved a phone call, can't remember who from but it may have been Lowell again, regarding this debt and I told them that it was not mine and also asked that they send me proof, they said in order for them to do that I would have to send them a copy of my signature but I refused to do so, the proof never came.

During the phone call they mentioned a date that the last payment was made/received and I seem to recall it being some time in 2003 (I should have made a note I know), the letter states the due date as June 2004. I know that a debt is statute barred after 6 years, but from what date do they start counting from? or is it from the date of the last payment, or the last comunication. If I write to them asking them to prove it and it has nor been 6 years yet is that classed as communication even if I am denying any liability for the debt.

Also, how can I find out more detials and dates relating to this debt to try and resolve the situation once and for all?

Kind Regards

Nelix

nandj_2

Hi Nelix,
Well done for not giving a copy of your signature.
The 6 year clock runs from when you last made a payment on the account, if it is statute barred send them this...

Dear Sir/Madam
Account Reference No: xxxxxxxxxxxxx
BY RECORDED DELIVERY.
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I wish to point out that under the Limitation Act 1980 Section 5 “an action founded on contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I should 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”.

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, 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 this matter is now closed and that no further contact will be made concerning the above account after that last letter.

Yours faithfully

Print your name, DO NOT SIGN and send by recorded delivery.

But also if the debt is not yours, thats for them to worry about and not you.

Regards

NandJ

pepe2008

If you are totally sure that there is nothing there to pay, let them call.....it'll cost THEM.

leanne82duke

you could also try this one from th enenforcibilty thread by NIDx


Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed. I would like to point out that we have no knowledge of any such debt being owed to you.

The ‘Office of Fair Trading Debt Collection Guidance’ states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. They also state that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Similarly, ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment, amounts to physical and psychological harassment.

In light of the above, I formally request that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed, within the next 14 days.

Yours faithfully

Sign digitally

Britwife

It may not be statute barred just yet. There seems to be some confusion on the dates. You're basing 2003 on a phone call from a few years ago compared to a letter that says June 2004. It might be better to send the prove it letter as posted above, if it isn't your debt but don't sign it.

Have you checked your credit reports recently? I would check all 3.

kindofagilr

I would check all your dates on the credit report sites, as Lowell got in touch with me for a debt (which I am still admimant I have actually paid) 12 months before the 6 years were up

Nelix

Thanks for the quick replys everyone, I think i'll go down the "Prove it" road for the time being.

I'll send it recorded with tracking aswell so I can prove when they received it.

Thanks again, I'll be back to update you all if/when I get a response.

Nelix