Robinson way

Hayley_Capron

Hi I'm new to this today, just after any advise please. Robinson way put a card through the door a few days ago chasing for a debt which is my partners debt which is well over 6 years old. we haven't responded to the card. Tonight a man was thumping on the door which I answered and he asked for my partner which I replied saying he was out. He was out walking our dog. About an hour later he was thumping on the door again so I didn't answer he then went around the back of our house and into our garden where our son was playing, he asked our son for my partner. Our son came in and we then just stayed in the house and didn't go out to see him. I would just like some advise as to what to do As we are feeling very intimidated in our own home. Would be grateful for any advise. Thank you.

thechippy

Hayles,

Have you made any payment toward, or acknowledged the debt in the last 6 years?

Regarding the visitor, politely tell him to sod off if it happens again.

Hayley_Capron

Hello, no payment has been made in the last 6 years and this is the first time we have here'd anything regarding this debt. He seems very rude and scary. Don't really want to speak to him as he seems like he would just come into the house. Also his thumping on the door is scary enough. What should I do? Thank you fir responding.

thechippy

Hiya,

Search the site for "statute barred", as this is what the debt is.

There should be a template letter you can send.

DONT admit this debt or make a payment.

The guy may have been scary, but tell him to sod off on no uncertain terms - he has as much rights as the milkman.....;)

Stay cool....:cool:

Hayley_Capron

Thank you, I will look at that thread.

thechippy

Send this Hayles...


...I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number :

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

I would point out that we have no knowledge of any such debt being owed to <creditor>.

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

We would also point out that the OFT say under the Guidance 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 or unfair methods.

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

We would further note that 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 of six years from the date on which the cause of action accrued".

I would 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".

Furthermore that 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".

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

(1) proof of my liability regarding this debt.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

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

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

I look forward to your reply.

Yours faithfully

Culex

Hayley_Capron wrote: »

Hello, no payment has been made in the last 6 years and this is the first time we have here'd anything regarding this debt. He seems very rude and scary. Don't really want to speak to him as he seems like he would just come into the house. Also his thumping on the door is scary enough. What should I do? Thank you fir responding.

As he has done this twice already, to do it again would certainly constitute an offence contrary to the Protection from Harassment Act 1997 - section 1 if not section 4 - so phone 999, ask for the plods and vaguely mention that a child is involved.

I'm sure they'll do their duty.