Help please for a friend.

chrissie52

Hi All
Not posted for help before but here goes.

Have a friend who received a letter from DLC chasing a debt. She did ring them (wrong move I know, they got her phone number!) and they told her the debt was from October 2004 but could not say who it was from and asked her to ring back when a manager was available!

She didn't call them back thank goodness, but could not recall this debt and after we had a conversation about this, sent the 'prove it' letter on the 31st March, to which she has had no reply (surprise, surprise!) She has now received another letter (threat-o-gram!)
She has put together another letter to send to these clowns and I wondered if you good people would look the letter over and give your opinions.

If anyone can remember the trepass law details (ie to rescind access to her property) I would be very grateful so that she can include that in the letter.

Any other help/comments gratefully received as she lives alone and is very concerned that these goons may come knocking at her door.
I have removed her personal details from the letter.

DLC
Buckingham Road
Brackley
Northants NN13 7DN


Dear Sir/Madam

Ref: copy your 20 April 2011 letter a quoted number –
I refer to the above intimidating communication, and my letter to your address dated 31 March 2011, sent by Recorded Delivery.

Using the Track and Trace service provided by the Post office my letter of 31 March 2011; it shows this letter was delivered to your premises on 1 April 2011.

To date you have not seen fit to respond to my reasonable request, and in defiance of the Office of Fair Trading’s guidance your organisation has continued to harass and pester me, causing me considerable anguish and anxiety.

Therefore, please note that a copy of this letter and copies of your correspondence have been sent to my local Trading Standards Office, and to your local office applicable to your postcode. I have also sent these documents to the Office of Fair Trading for their action.

This letter is my final request to you to desist from sending me any further menacing letters demanding payment of an unproven debt.

I further advise you that if any persons claiming to be acting on behalf of your organisation trespass at my address, the police will be called. I will claim the right to ask the police to arrest such persons for trespass and harassment. Any phone calls on this matter will be considered to be bullying and to infringe my personal safety, and will be reported to all appropriate authorities, the media and the Financial Services Authority.

Any further harassment will lead me to seek legal damages for the distress and damage to my health caused by your organisation.



Yours faithfully

Copies sent to:
Local Trading standards service

Northamptonshire County Council
Trading Standards Service
Wootton Hall Park
Northampton
Northamptonshire NN4 OGB

Reporting Centre
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London EC4Y 8JX

CH27

If the debt is from 2004 it should be Statute Barred.

fermi

Ok so far as it goes....

You might like to add that "based on the information you have provided, I would point out that this debt would also be statute barred under the Limitation Act 1980".

McKneff

Exactly, if a debt is not acknowledged for 6 years (5 in Scotland) it cannot be chased.

Good luck to your friend.

Culex

fermi wrote: »

Ok so far as it goes....

You might like to add that "based on the information you have provided, I would point out that this debt would also be statute barred under the Limitation Act 1980".

Section 5 of the Limitation Act 1980 or section 6 of the Prescription and Limitation (Scotland) Act 1973.

The "go away" letter contains:

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

sensible_saver

Hope someone can advise me - this is my first post so not sure where to post but here goes.

Today I received a letter from DLC addressed to the Occupier. I almost binned it but opened out of curiosity. They want to contact someone with my name but different title - I have a very common surname. As far as I know I have no debts at all so I'm assuming they are looking for someone else. I haven't rung them and am not sure what to do if anything.

Looking forward to hearing your wisdom!

Culex

sensible_saver wrote: »

Hope someone can advise me - this is my first post so not sure where to post but here goes.

Today I received a letter from DLC addressed to the Occupier. I almost binned it but opened out of curiosity. They want to contact someone with my name but different title - I have a very common surname. As far as I know I have no debts at all so I'm assuming they are looking for someone else. I haven't rung them and am not sure what to do if anything.

Looking forward to hearing your wisdom!

Just file it and try not to worry at this stage,

Do not telephone them!