debt from 11 years ago!!!!!

Shell68

Hi Redpoison, sorry to sound dim ... but I dont know what letters you are referring to. I am struggling finding my way round the site !

Shell68

Sorry Redpoison, think i have found it. Does it begin 'Without Prejudice' ?

thanks Michelle

redpoison

hi sorry there are 2 letters above in this thread.... 1 to get proof of what you owe and then the second is the one that i would reccomend to send..

rog2

Slayerboom wrote: »

My wife had the same problem with a debt from 12 years ago.

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.

Section 2.14 of the OFT Debt Collection Guidelines; http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf CLEARLY states:

In the past we have dealt with a number of statute barred cases, governed by the Limitations Act 1980, which applies to England and Wales. Based on that experience, our position, with regard to England and Wales, remains:

a. we accept legally the debt exists.

b. it is the method by whch the debt is collected that can be unfair as follows:

- it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period.

- if a creditor has been in regular contact with a debtor before the debt is statute barred then we do not consider it unfair to continue to attempt to collect the debt.

- it is unfair to mislead debtors as to their rights and obligations, falsely stating or implying that a debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and

- 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.

There is no legislation that precludes a creditor from legitimately requesting
payment of a debt which reamins outstanding and due.
Of course a creditor MAY ask - However, once that creditor has been told that the debtor will NOT be paying the debt because it is statute barred then further attempts at collecting the debt by the creditor, or his agent,could be seen as harassment, and, therefore CRIMINAL.
Indeed we could argue that any debtor who recognises that such a debt exists, has a moral obligation to address his responsibility.
A creditor/or a dca may 'argue' all he likes, but it does not change the situation, other than putting the creditor/dca at risk of comitting the crime of Harassment.
BEFORE quoting the 'moral obligation' of an alleged debtor, the creditor/dca, that is attempting to pursue the alleged debt, would do well to look at their own moral obligations in regard to respecting the OFT Guidelines relating to statute barred debt.'

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.

It is becoming common practice for dca's to adopt this approach - it just shows how underhanded their tactics really are.

rog2

Shell68 wrote: »

Hello, I have only just registered (bout 15 mins ago!). I need some advice please. My partner has just received a letter from Mackenzie Hall about a 'perosnal matter'. I think it may be to do with an unpaid debt from over 10 years ago. We havent had any correspondence regarding this in 10 years. Can the letter be ignored?

The letter that you need to send is the letter in post 8 regarding 'statute barred' debts.

Do Not put 'WITHOUT PREJUDICE' but start your letter with the words:

" I do NOT acknowledge any debt to your company"

krailton

Hello

can someone please clarify for me is it 6 years from when you last paid the creditor? As a leeter from MBNA has gone to my previous address but moved from there 1 month ago, but have not acknoeldge the letter. Also can someone tell me what a ID check is please? I have a couple of debts that are 6 years old in jan 2008 since i last paid them.
I am about to start an IVA for 5 years starting this month and now am worried about these 2 old debts from when i was previuously married.
thank you

rog2

krailton wrote: »

Hello

can someone please clarify for me is it 6 years from when you last paid the creditor? As a leeter from MBNA has gone to my previous address but moved from there 1 month ago, but have not acknoeldge the letter. Also can someone tell me what a ID check is please? I have a couple of debts that are 6 years old in jan 2008 since i last paid them.
I am about to start an IVA for 5 years starting this month and now am worried about these 2 old debts from when i was previuously married.
thank you

Clarification:

If you have made no payments to, nor acknowledged the debt in writing, for a debt for a period of six years (five in Scotland) then the debt, with certain, mainly Crown and Property related debts, is covered by the Limitations Act 1980 and becomes statute barred. This means that, once you have informed a creditor that you will not be paying the debt because it is statute barred (the ONLY reason you need give) then the creditor, or dca, can no longer collect that debt through the legal system.
Equally, once you have informed a debt collection agency that the debt is statute barred and you will not be paying it, then they should cease all attempts at collection of that debt.

Hope that helps.

Kevicho

BEFORE quoting the 'moral obligation' of an alleged debtor, the creditor/dca, that is attempting to pursue the alleged debt, would do well to look at their own moral obligations in regard to respecting the OFT Guidelines relating to statute barred debt.'

Excellent point

maxmycardagain

ref brittania music club (and probably a few others like them)

they never get a signature for goods

they tried having me over, eventually i asked for a POD

"whats that" she asked

Proof Of Delivery

bingo, i win...

krailton

rog2 wrote: »

Clarification:

If you have made no payments to, nor acknowledged the debt in writing, for a debt for a period of six years (five in Scotland) then the debt, with certain, mainly Crown and Property related debts, is covered by the Limitations Act 1980 and becomes statute barred. This means that, once you have informed a creditor that you will not be paying the debt because it is statute barred (the ONLY reason you need give) then the creditor, or dca, can no longer collect that debt through the legal system.
Equally, once you have informed a debt collection agency that the debt is statute barred and you will not be paying it, then they should cease all attempts at collection of that debt.

Hope that helps.

thank you for your help