debt from 11 years ago!!!!!

vikki05_08

a debt from 11 years ago caught up with me today, do i have to pay it or can i tell them to do one for another 11 years?

rog2

Unless it's a mortgage (or property-related) debt, the chances are that it is statute barred and can not be collected.
Give us a few more details.

vikki05_08

it was an unsecured loan for a pedal bike and some money altogether around 1,500 in 1996/7. First tricity finance were owned by natwest but they have been taken over by bank of scotland which own halifax who i bank with they have sent me a letter asking for the money back by a debt recovry firm. it is since i have asked for my bank charges back, i have never had a letter to my old add. Im not sure how to go about it. do i ignore them, call them?

luckymum_3

i had a letter from scotcall about a debt .only for £99 but it was £99 that i didnt need to be paying.
the debt was from seven years ago for britannia music club,and when i phoned them the person i spoke to was soooo rude and demanding payment that i faultered and had to offer them £5 a week .however as i have to pay by giro slip i get a charge of £2.20 extra on top of the fiver :mad:
i thought it would be better to pay it and get it out the way as i didnt no if i could tell them to go run and jump

dfw nerd # 459

phatbear

vikki, your first step is you need to ensure you have had no contact with this company since you stopped paying this loan, also the 6 year statute barred system only works from the moment you stopped paying and or the item was put into default.

If a debt colecting agency is chasing you send them this:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to 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

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

And hey presto it will be sorted, remember to enclose a chq for £1 and also send the letter recorded delivery so you can prove they have rcvd it.

The standard reply from debt collectors is " we dont have your credit agreement so we will not ba chasing you anymore" however this doesnt stop another group of chancers trying it on.

Any more questions just ask

all the best

the bear

cfubar

Phatbear that is excellent . Im saving that just in case.

Megatimbo

Hello Just to pont out that Nat west is a Royal bank of Scotland group member Not Bank of Scotland who are part of halifax.

Regards M

AGB863

vikki05_08 wrote: »

a debt from 11 years ago caught up with me today, do i have to pay it or can i tell them to do one for another 11 years?

When did you last make a payment to this debt or last acknowledge the debt as being yours.

If you have done neither in the last 6 years, the debt is statue barred, the debt collecting agency can ask you to pay the debt, but they can not take any legal action to enforce payment.

If this is the case you need to send a copy of this letter


WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref Noxxxxxxxx

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

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

We look forward to your reply.

Yours faithfully

vikki05_08

Thank You for your time and effort. the letter is in the post and i will post the outcome on here. thank you again vikki.

BritainAgainstDebt

lucky mum - are you still paying your £99 debt????

Slayerboom

My wife had the same problem with a debt from 12 years ago. I knew there
was something about old debts couldnt be collected after so long so I looked
on the web and found here .

I sent the second letter above to the debtors collecting the debt the other
day and got the following reply.


We refer to your recent letter in respect of the above account.

Your reference to the Statue of Limitations is not relevent. We do of course
fully understand Statue but it is very often misinterpreted by debtors and
their advisors. We have neither threatened nor suggested litigation, hence it
is repeated that reference to that Act is not relevant.

There is no legislation that precludes a creditor from legitimately requesting
payment of a debt which reamins outstanding and due. Indeed we could
argue that any debtor who recognises that such a debt exists, has a moral
obligation to address his responsibility. A credit facility has been provided by
a bank or finance house, consequently it is up to that customer to honour
his obligations.

GE Capital Bank Limited has confirmed that there is an outstanding balance,
currently amounting to £333.51. If you believe the account has been fully
repaid, would you please provide evidence of such repayment, perhaps by
way of a receipt or a paid in full letter. GE Capital Bank Limited has no record
of the account being repaid.

If it is the case that you have simply overlooked this account because of its
age, we are prepared to be constructive and apply a significant discount
rather than consulting with our Solicitors about potential further action.
Therefore, we will accept 50% of the current outstanding balance in order to
bring matters to a close, provided payment is made with a short period of
time. We need to receive payment of the discounted balance by 09/07/07.

We look forward to heaing from you.........................


I am sorry for the long post, plus posting ontop of someones thread, its just
seemed to fit. I dont really understand the legal jargon, so if any of the top
people on the forums could advise us further, it would be greatly appreciated.

Kind Regards

Tony.