Statute barred debts and the Limitation Acts

fatbelly

Here you go...

Lackofmoney wrote: »

Hi..

Can you please confirm... How does one PROVE that the debt, any debt, is Statute Barred.. ? Surely there has to be proof somewhere ..

You assert that it's SB. The creditor has to prove that it's not, by showing acknowledgements of the debt with no 6-year gap.

I was under the impression that if the debtor even spoke with the company in question, discussed the debt and acknowledged the debt but perhaps said, ie, I know I owe it but have no money, etched etc, then the 6 year clock starts again , from the date of that discussion... Is that not so ?

It is not so. Acknowledgement has to be by payment or in writing, by the debtor or his 'agent'. Once there's been a 6-year gap it's barred and stays that way - see section 29(7) in the legal reference below.

Where would I get PROOF of the above.. ? I'm not saying I don't believe anyone...but if one is going to go down the routed of defending oneself by stating , the debt is statute barred, then you would need a legal reference..

Limitation Act 1980

Thank you..

Choose thread tools at the top of a thread and 'subscribe to this thread' to subscribe. I auto-subscribe to anything I contribute to, but maybe that's an option I picked somewhere.

It is - go to UserCP/Edit options and choose something other than 'do not subscribe'. I have chosen 'no email notifications'

anonymity

This is one of the most informed sites yet, so i decided to post my problem, before i decide what action to take, which i am thinking is SB.

In 2005 i was attacked and left in a state for a long time, which affected my mental health, my memory is fragmented.

Any way i received a letter yesterday from a company saying they had bought my debt from another company in decemeber 2011 and are seeking payment.

I have no idea who these people are and never entered into any agreement with any of them, or have i have any correspondence with any of them.

On the letter it states, the the debt type is mail order, balance is due to debt company, sold by debt company, original account number and date of original agreement, dated march 2007, i never made any agreement with anyone in those periods and have no letters in my old post in a box to confirm anything this letter is claiming.

After two days of searching wondering if some one is using identity fraud, which i am not sure because i can remember no debt and never had any one mention any debt until two day ago. I started searching them online as you do and came across these pages ..as you do..

What i would like to know is, if the debt is mine, and i can not be sure the amount though i am pretty certain i would not of run up the amount they claim, because i took a few yrs to recover. Would they be able to claim now, i was moved in 2005 to a knew address because of the circumstances i faced, and i would of not had contact with anything tied to my old address since 2006 march. Is it statute barred, as i never spoke or even knew of any debt until now, and i am not even sure if it is mine, but there is a possibility it is and they have added ludicrous charges which is why i have no recollection of the amount they say?? Like others have mentioned?

What i do know for a fact is i moved in 2006 march and never had any contact with any previous address after for safety and court reasons. And never had any contact with anyone who has been sold this debt under my name and old address and still have not responded to this day, so i would like some advice please any one.

I was wondering if a a debt can be given a CCJ and be sold on also to company after company Because i am not sure if a CCJ was placed on my name or old address either, which people on here point out also.

All they say is contact rosendalles to arrange to make payments to suit my needs. As they noticed there is no payment plan set up.

No court action is mentioned.

Thank you in advance.. the original debtor is on there as well, how ever the agreement states 2007 which can not be possible as this is my current address, and i have never received anything i checked all my old letters.

fatbelly

If there had been a ccj on this, they would have mentioned it.

If this is your debt (which it may well not be) it would be statute barred.

If it was a catalogue from 2007, there was quite likely never a signed agreement anyway.

You could either send a prove-it letter, then a statute barred one.

Or combine them and send the letter in post #5 in this

https://forums.moneysavingexpert.com/discussion/2606811

anonymity

Thank you Belly.. i feel a bit rude saying the first bit of your user name sorry.

The date of agreement states 2007, but says this collector sold it to another collector in December 2011.

What i do not understand is where the 200/7 agreement date comes into it, when if it was from me it would of had to of been before early 2006, and if it is made is 2007, i was not at my old address.. so could it be fraud from my old address under my name, made a year after i moved out? Or is the 2007 original agreement date to do with when it was sold to the previous DOC before they sold it onto this current DOC, who recently sent me a letter.

And thank you for the CCJ advice, i did not think i had one because i have a current catalogue and never had any issues and i am up to date with all payments.. with no complaint from them ever.

My other question was, should i just ignore the letters as other have suggested, because right now they do not even have confirmation i live at current address, and i have never contacted any of them and would have last had contact with my old address, bills utilities ect when i moved in 2006, i also was in no fit state to reply or really communicate with anyone until year after i moved, aside from my mental health over trauma, i have a heart condition made worst by stress, and at the time, i had to avoid everything confrontational, and stressful, as it triggered into SVT attacks, which result in hospital treatment. If i did miss anything, it was because i was in no fit state to do anything but try and survive. I have been looking for the best template all day before and after posting this, but now i am wondering if i reply will it be like waving a flag and asking them to harass me more than this one letter of notice of assignment, issued 2yrs after they apparently bought the debt.

I really can not do any verbal conversation with these types of people, from experience with utilities when you fall behind.. as it just makes me get all shaky and unbalanced, because they try and bully you.

Thanks again.

fatbelly

Hi again

You can call me FB.

Definitely don't phone.

Yes, your two options are:

• ignore
• engage

If you ignore, the most likely scenario is that they run through their standard threatening letters, then pass or sell it to someone else to run through theirs, eventually giving up but probably not for several years. If they can find a phone number for you they will use it. A court claim is unlikely. Not impossible.

If you engage they have to demonstrate that it is (a) your debt and (b) not statute barred. If they can't do that but continue to demand payment, then you can report them, with the evidence of your letters and theirs, to the OFT, FOS and CSA (credit services association). That is a load of hassle and possible fines/reprimands for them.

Post again if you want anything expanding, or are confused by advice given elsewhere.

anonymity

Hiya FB,

I am typing up a letter to send them now, ans have used your included combi prove it/statute barred letter.

What i want to do now is add as many things i want them to prove as possible...

So can i put;

provide copy of original signed credit agreement from original creditor, who they claim is shopdirect, affiliate kay... what does that mean affiliate kay?

the notice of assignment letter from the company who they bought it from they named as CAM

and original agreement -signed... they claim started march in 2007.. because i never made any agreement then, if i did they would have had my current address for like nearly 8 yrs.. so why no contact from any one until now, It has to be attached to my old address, and i moved out 2006 march 12 months after they claim this agreement was made, any idea why that may be.. sorry to be a pain.

And any contact they claim to have been made by myself in form of a signed letter and/or traceable signed payments made by myself, in the last 6 years.

I am still baffled as to where the debt came from.

Also any templates on how to tell them it against rules to sell on my name and details attached to it, to another debt company after i send them this letter of statue barred and non payment, which they most likely will by the looks of other posts.

Thank you.. x:T

anonymity

Not in that grammatical:rotfl: way by the way, lol.

Tixy

anonymity wrote: »

I am typing up a letter to send them now, ans have used your included combi prove it/statute barred letter.

What i want to do now is add as many things i want them to prove as possible...

If you don't think it is your debt then just send the template letter as it is. Keep it simple.

If you are asserting that you don't think it is your debt then you are not entitled to a copy of the agreement/notice of assignment etc.

anonymity

I received a letter from you with the above reference number regarding a debt to Account: xxxx

I would like to point out I have no knowledge of such an account or debt being owed to Arrow Global, or any other person claiming previously and/ or claiming on behalf of Arrow Global.

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demand for payment to an individual when it is uncertain that they are the debtor in question.

I would also like to point out that the OFT say under the Guidance that it is unfair to pursue third parties for payments when they are not liable. In not ceasing collection activity whilst investigating a reasonably disputed or queried debt is using deceptive and or unfair methods.

Furthermore, ignoring and /or disregarding claims that debts have been disputed or and continuing to make unjustified demands for payment amounts to be physical/psychological harassment.

I further noted based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980. Under the Limitation Act 1980 Section 5 “An action founded on simple contract shall not be brought after the expiration if six years from the date on which the cause of action accrued”.

I would also like to point out that in their Debt Collection Guidance, the OFT regard the following unfair or improper business practice for a creditor to:

• Pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.
• Continue to press a debtor for payment after he/she has stated that he/she will not be paying a debt because it is statute barred.

I would ask that no further contact be made concerning the above account unless you can provide evidence of both:

(1) Proof of my liability regarding this debt- including the signed original agreement you claim was made on the 2007. (Will not accept letters, with no dates, name and addressee heading as sufficient evidence).
(2) Payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act.

I await your written confirmation that this matter is now closed.

Otherwise I will have no choice but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Regards

Does this look okay any one? I edited some bits to fit with my issue. And any final advice before i post it by signed/recorded delivery, would be great thanks in advance.

fatbelly

(1) Proof of my liability regarding this debt

is enough. Don't explain to them what is and isn't proof.

If they have mentioned that they bought the debt from shopdirect then you can say that earlier:

I would like to point out I have no knowledge of such an account or debt being owed to Arrow Global, or shopdirect