Statute barred debts and the Limitation Acts

Jbrem194

Hi.

Yeah it was monthly repayments over 48 months and no payment was ever made, not really sure what i should be looking for in regards of the Cause of Actions unfotunately but we did recieve a notice of default on the 23rd July 2010 wanting payment so judging by whats been said it would of been terminated after that date?

I don't have all the letters that have been sent to my sister sadly so i may be missing some information but i can ask her to see what she has and for her to send them to me but once again thanks for the advice

Regards.

fatbelly

All you can do for now is to sit tight. Use Legalbeagles if you get a court claim.

khany

hi i have been hounded by debt company who are waiting for my response they have emailed me
Formerly: Capital One
Current Balance: £334.29
Original Reference: xxxxxxxxxx


You should be aware that the period for recovering your debt by court action has expired for the account xxxxxxx, so we will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment.
I have stopped collections activity on the account xxxxxxxxx for 14 days, pending your response.
Kind Regards


please can anyone advise me as to what to write back? for this account? or post a statue barred sample letter? any help appreciated

thankyou.

fermi

Letter to use if you live in England or Wales.

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: xxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I 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 would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement 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 acknowledgement from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.


I look forward to hearing from you.

Yours faithfully



Mrs A N Other

fermi

Tell them that if they continue to chase, you will be reporting them to the FCA,

khany

fermi wrote: »

Letter to use if you live in England or Wales.

Thankyou i really appreciate your advise and letter sample.

LoveLifeAgain

It may be an idea not to sign it, they probably do not have your signature.

khany

hi can i just copy and email this to them?

sourcrates

khany wrote: »

hi can i just copy and email this to them?

Emails tend to be ignored, or get lost, you must remember that the only legally acceptable way for them to ask you to pay a debt is by letter, nothing else counts, so responding to them should also be by letter, you also then have a paper trail.

Someadviceplease2015

Hi, I was hoping for some advice please

I think my catalogue debt maybe statute barred but i'm unsure how it works.
I had an account that I can trace back to an order in November 2006, it seems i made orders throughout 2007, and i'm unsure when I ordered in 2008 and updated address if it became a new agreement or not. I ordered in September 2009- 17th I can see by email confirmation but due to me leaving and giving up my tenancy due to domestic violence I never got to make payments as I genuinely forgot, So the last payment I had made on the account was 4/9/09 prior to the order.
I had to live in a womens refuge and had mail sent to my parents. They haven't spoken to me in a few years and it turns out any post sent for me was returned to sender. Through my sister I found out today that a letter had been opened by my dad who was sick to death of returning them. It's a summons by a dc dated 16/9/15. It lists the finance provider which tallies with the catalogue but they have said the debt is assigned to the claimant in 2011. Which seems impossible as I have had no contact with creditor or dc in relation to this.
I need to also say that prior to my last order in 2009 I was requested by the catalogue to sign and return a credit agreement which I never got around to.

So my questions are please:
Is the debt enforceable if i did not sign the credit agreement in 2009?
Which date would the debt effectively become statute barred?
Would requesting the proof of debt make the dc have to prove it?
Could the DC be stating debt as 2011 to try and pull one over as statute barred is approaching?
Any advice would be welcomed and much appreciated.
Thank you x