Ridculous Credit Card Charges / Debt collection involved - HELP!!!

Vortigern

Clive_Woody wrote: »

Doh :doh:, thank goodness I have people checking my spelling as the poor OP might have been very confused.

I wasn't checking anybody's spelling - just trying to figure out what you meant. I imagined a stone figure, covered in pigeon guano, on top of a tall column, saying "No!" emphatically.

Fortunately Google is clever enough to search for what you meant to type, so there was no confusion except mine.

I can't contribute much to this thread but this post should keep it near the top for a little longer.

draven_girl

As my partner spoke to them by phone (we won't be doing that again) they are sending a 17 page breakdown letter, once I see this we'll know where we stand a bit more.

If we are indeed talking Statute Barred and he has had no contact with them for over six years, where does this leave us with these charges?

Tixy

If the debt is statute barred then he doesn't have to pay. The balance that the say is due (with or without charges) is not relevant as he simply tells them he doesn't intend to pay.

That breakdown might show when the last payment was, although it might not. When does partner think he paid the debt off (roughly)?

If you are not certain that its statute barred because he hasn't kept records then you might need to risk sending the SB letter but if they can prove its not SB he'll then have to come to an arrangement with them and possibly try negotiating regarding the charges.

richard734

DravenGirl,
please see below for a sample of a Statute Barred letter - This is teh only sample I could find to hand, though others may have newer/better ones. It worked for me when being chased for a £10 debt to a cable company that had turned into £2k by the DRC and for a property I had left 15 years earlier.

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam

Acc/Ref No 4563210025897412

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

We 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.”

We 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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

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

We look forward to your reply.

Yours faithfully
Mr A N Other

Tixy

That letter is still fine Richard (assuming the OP is in england/wales).

This thread here might be useful as well - it has links to very clear factsheets as well as the template letters Statute barred debts and the Limitation Acts

draven_girl

Sorry for the delay slow process from the company. We sent the S.B letter, and they returned with a signed agreement by my partner. He called them asking for a full list of transactions and charges (at the time I should have sent a follow up letter, but it slipped my mind) They ignored the phone conversation (in fact were very rude) and passed our case onto McKenzie Hall (debt collectors) who arranged to come round for a doorstep assessment. My partner rang them immediately (debt collectors) and advised the situation, to which they advised the case was now on 'hold' I am planning to write to Ruthbridge again, infact tomorrow. I have this in mind....anything further you think is worth adding?? All help most appreciated.

I write to you again regarding our recent telephone conversation to provide fully outlined details of the outstanding debt owed in the above case. I want to see all transactions / charges etc. in a detailed statement.

Since our telephone conversation I have received no correspondence from your company, but a letter from McKenzie Hall requesting a door step assessment. I have contacted McKenzie Hall today to advise them this paperwork has not been received from your company, and until such paperwork is received they have put the case on hold.

I again remind you I have no knowledge of any such debt being owed to Ruthbridge Ltd. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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.

I 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 and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed, or a statement of debt is provided. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours Sincerely,

m00m00

If mack hall are involved, then the probability that it's statute barred is very high indeed.

draven_girl

Good to know...I will proceed in writing and see what they have to say for themselves.

draven_girl

We've written again but haven't heard anything, what should we do?

Mackenzie Hall put the case on hold until they hear from Ruthbridge Ltd.

richard734

Regardless of the signed agreement, did they show you any dates or evidence that teh debt had been managed anytime in the last 6 years?
Has your partner made any payments or added to the debt any time in teh last 6 years?
The 6 years of inactivity is what you need to establish. Once you have that evidenced, a letter along teh lines of teh SB letter, that states clearly that you do know acknowledge the debt and that it has been inactive for 6 years and is therefore SB and you no longer wish to be contacted about it would be your next step.