had a letter from a debt agency - i need some advice please

john_p_b

The last 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.

just to confirm, a prove it letter from my dad doesn't count as the above does it? i'm being told by workmates that as he replied to their original letter even though it was denying any liability for the debt (and rightly so as it's not his debt) then that means the debt can't be statute barred? surely that's not right?

Gordon_Hose

A prove it letter isn't acknowledgement that the debt is yours.

john_p_b

Thank you gordon. so going along with the template letters that i've been reading i have 2 options,

option 1 is write back to them as my dad explaining that i have never dealt with the person they are claiming the debt is owed, have never worked at the address detailed on the "agreement" and the debt could be my sons (me) and provide them with my address.

option 2 is write to them as my dad with the hybrid letter still denying any acknowedgement or liability of the account and that in any case it is statute barred.

any opinions on which would be best?

fermi

john_p_b wrote: »

just to confirm, a prove it letter from my dad doesn't count as the above does it? i'm being told by workmates that as he replied to their original letter even though it was denying any liability for the debt (and rightly so as it's not his debt) then that means the debt can't be statute barred? surely that's not right?

Your workmates are talking utter nonsense.

To prevent a debt being statute barred, acknowledgement must be an explicit acknowledgement of liability and must be physically signed by the person liable.

A letter sent by your father disputing/denying the debt fails on BOTH those counts.

Plus, once a debt has become statute barred, no further acknowledgement can 'unbar'. Once statute barred, it stays that way, permanently, for ever, no matter what you subsequently do.

Gordon_Hose

If it's statute barred why wouldn't you send the SB template letter in fermi's link above?

fermi

Gordon_Hose wrote: »

If it's statute barred why would you send the SB template letter in fermi's link above?

Because it's statute barred? :huh:

Gordon_Hose

fermi wrote: »

Because it's statute barred? :huh:

lol, Wouldn't!

Typing too quick :rotfl: