Bank charges from 9 years ago. They want the debt cleared now.

Martynb_

stclair wrote: »

when was the account last used? it sounds like the debt may be statue barred now.

However you would need to give us some dates other than "at some point" if was 9 years ago the debt is defo statue barred.

Send them this letter:

Dear Sirs,

Re: Statute Barred Account - Numbered - XXXXXXXXXXXXXXXX

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 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".

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

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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

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 your reply.

Yours faithfully




Sign digitally

That sounds great. If I use it I hope it won't come back to bite me. As I've pointed out: the account was opened in 2006. A claim form was issued in 2008 for the balance of £299.99. I suspect that this had slowly built up from a small sum of money. In 2006 I was not at that address to respond to the claim form, but I was in Liverpool at college, and I lived there for 5 years or so, mainly to avoid harassment at the address I lived at. Mail from the old address was never sent to me at the new address in all that time. I assume that the new tenants who lived at my old address simply binned the letters.

Martynb_

vax2002 wrote: »

"The debt collection agency"
That is the nugget,
out of date Credit files are auctioned off .
Private Debt collectors buy them and hope to intimidate the debtor in to paying up .
its the latest scam and hundreds of people fall for it daily.
The debt is statute bared and you are perfectly safe to completely ignore them.
Writing just puts you on the hooked fish list.
Paying the agency will not clear your credit rating and the bank will not get the money.
The files usually fetch around 15-30% of the debt at auction.

If that is true why hasn't the solicitors mentioned it?

Martynb_

stclair wrote: »

Has a CCJ been issued on the debt?

A Judgement was made in 2008. It just says "Judgement". Nothing else.

stclair

Martynb_ wrote: »

A Judgement was made in 2008. It just says "Judgement". Nothing else.

You could do with getting a copy of your credit file for all 3 CRAS to see if a CCJ has been issued against you for the debt. If a CCJ has been issued the debt will not be statue barred im sorry so say.

Or

You should get your solicitor to request a SAR for you.

Martynb_

I haven't used Natwest since 2002-2003. The only bank I used after that was The Abbey. No problems with them. Although the Judgement was made in 2008 I think this issue stemmed from 2002-05 or thereabouts. In 2006-08 I certainly did not have a Natwest account or was not using one. I may have had one in 2004-05 just before leaving to go to Liverpool. If its a 2005 issue that's nearly six years ago. in 2006-08 I was in Liverpool and was with a different bank.

Martynb_

stclair wrote: »

You could do with getting a copy of your credit file for all 3 CRAS to see if a CCJ has been issued against you for the debt. If a CCJ has been issued the debt will not be statue barred im sorry so say.

Or

You should get your solicitor to request a SAR for you.

I will do just that. Thanks.

vax2002

Martynb_ wrote: »

If that is true why hasn't the solicitors mentioned it?

Agree the 2008 judgment changes the scope

Martynb_

vax2002 wrote: »

Agree the 2008 judgment changes the scope

Yes. I know. But I was not around to respond to the claiim form. I had moved to Liverpool in 2005. Before that time the only issue I had with a bank was over £40 and that went way back to 2002-03. Somehow they've decided to chase me up after all these years. Very odd if you ask me.

p-ch1982

I wouldn't worry about it too much! it was long time ago, just send any letters to sender without openning them.