Help with Hillsden Securities

lozlynch

Hi there, i'm new to the forum hoping someone can help me. Sorry its a long one.

I'm having trouble with a very old debt I had with Argos, about 7/8 years ago, the 1st letter I received in years was 8th Feb (notice of sums in arrears) they must have purchased the debt then. I sent a reply and requested the original agreement with a £1 postal order but they havnt supplied it. They just kept writing "we are following up a request for a copy of the original document"
below is a part of the letter received today.......

Further to our previous correspondence regarding your request for information under the consumer credit act 1974, due to the age of the account the original executed agreement and terms and conditions are currently unavailable.
Please find enclosed a copy statement of account from the original lender, Home Retail Group Card Services Ltd which confirms the balance outstanding.
Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement, we are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay, remains in tact.
The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings, therefore your account will remain with our collections department for collection activity to continue.
I've missed a bit out here........
Please find enclosed a copy of the key pages of the sale agreement between Hillesden securities Ltd & Home Retail group Card Services Ltd. Please note we are unable to provide a full copy of the agreement because the information contained within it is commercially sensitive, however, we would be happy to supply a full copy to a judge when required in court.
In this case the sole purpose of the document is to prove that we acquired a batch of accounts from Home Retail Group of which your account is included.
I trust the above information resolves this matter, however bla bla bla................
Well what do you think? I have highlighted the main points that I think but I dont know what to reply. At the end of the day they cant supply me with the original document, perhaps I should just say lets go to court?

Please can anyone help me?
Lorraine

pure_dead_dopey

It sounds as if its statute barred, was it your debt and can you remember accurately when you last paid it?

fermi

They are "stuffed" basically.

If it happens to be statute barred, then they are doubly so.

lozlynch

I would say its statute barred, it was at my old address, I havnt had anything re this debt in years, I am now married and moved so its got to be over 6 years. Good job I know the people in my old house, What can I do, go to court? I dont understand all this technical language, at the end of the day I have requested the original agreement & sent them a quid and they cant supply it.

fermi

Yes, but them not being able to enforce the agreement because they can't find one is something that could change if they find a copy.

And as they say, they don't have to stop chasing it. It just means that they can't go to court.

However, if the debt is statute barred and you write to them telling them that, then they are obliged to naff off and leave you alone.

See: https://forums.moneysavingexpert.com/discussion/2606811

lozlynch

Thanks to pure dead dopey & fermi for your replies.
Fermi - when you say they cant go to court, what do you mean? The letter states "we would be happy to supply a full copy to a judge when required in court" are they bluffing? are they saying they have a copy but they cant send it to me as its got sensitive information on?
Stressed or what!!!

fermi

lozlynch wrote: »

Fermi - when you say they cant go to court, what do you mean? The letter states "we would be happy to supply a full copy to a judge when required in court" are they bluffing? are they saying they have a copy but they cant send it to me as its got sensitive information on?
Stressed or what!!!

They are talking the contract that they made with your original creditor when they bought the debt from them.

That isn't anything to do with the credit agreement that you should have signed.

They can't find YOUR credit agreement, and that is the thing that matters.

If they haven't supplied that then they can't go to court in the first place, no matter what other irrelevant document they might have.

All else is waffle designed to try and confuse you.

fermi

Totally separate from the above, if the debt is statute barred as well then that stops them dead.

Doesn't matter one jot what credit agreement they do or don't have.

If you think it is statute barred then send to them.

Dear Sir/Madam

Account No:

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

I/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".

I/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".

It is clear that on your initial contact of <add the date> there was a period of 6 years where no acknowledgement or payment of this debt was made.

<Give dates if you have them>

Consequently this debt is and remains statute barred under the Limitation Act 1980.

This clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

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.

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".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

lozlynch

Thankyou very much - letter is copied and sending today.
Fingers crossed, cant see them going quietly though.
Thanks again:)