debt from 11 years ago!!!!!

fermi

10past6 wrote: »

Opps, sorry fermi, I was so eager to reply to the post in case anyone viewing became worried by that post.

Don't apologise!

I was just trying to put their post in context.

10past6

10past6 wrote: »

Out of curiosity, have you moved many times within the last 17 years?

Right OK, I've read your post, is it YOU or your partner they are chasing?

Right now, I have an issue ongoing re a debt from 12 years ago, I was contacted 2 weeks about it, although I've told the company to contact the court, as I will not deal with them direct.

ROSEY

No. L is 61 years old and has lived in the same house since 1984. Now retired and unwell with all the problems.

10past6

ROSEY wrote: »

No. L is 61 years old and has lived in the same house since 1984. Now retired and unwell with all the problems.

OK Rosey, let me get this right, you say a charging order was placed on the house around 1991, yet, no contact has been made by any debt company until now, is that correct?

ROSEY

I quote "The Commission had registered a class B charge against the property on the 22/04/91, at this time the property was on land that was unregistered. It is now registered. When the conveyancers were carrying out their searches they should have checked both registered and unresitered land. Had this been done it would have become evident that the Commission had registered its chard and this should have been paid at that stage......" This claim relates to a solicitor who took on the case in 1986 and dumped her in 1991 leaving her to do the job herself. All hell set loose. Thing is, her house was registered in 1986 and she got the info from them and some paperwork that showed no charges were on the property.

10past6

ROSEY wrote: »

I quote "The Commission had registered a class B charge against the property on the 22/04/91, at this time the property was on land that was unregistered. It is now registered. When the conveyancers were carrying out their searches they should have checked both registered and unresitered land. Had this been done it would have become evident that the Commission had registered its chard and this should have been paid at that stage......" This claim relates to a solicitor who took on the case in 1986 and dumped her in 1991 leaving her to do the job herself. All hell set loose. Thing is, her house was registered in 1986 and she got the info from them and some paperwork that showed no charges were on the property.

ROSEY.

The important aspect here is, when was the last known contact re this debt?

Also, do you know how to copy and paste from text?

ROSEY

10past6 the solicitor dropped the case in 1991. All the work she did was left to L to sort out. L went to court and a judge told her to sue the solicitor. No solicitor would take her case up. Years of legal problems. No letter at all can be recalled ever making a claim for a debt of nearly £10,000 relating to that solicitor and first L ever heard anything was in a letter from LSC dated in March. L had phoned the land registry in 1999 after hearing a radio programme about money being claimed by the Legal Aid Board years after event and L checked up on this and got copies of the land registration but could not see anything about a charge on it. So basically, a claim is now being made for approx £10,000 for a job not completed by solicitor. But point is this is the first claim L has ever heard of which came in March. L keeps very good records but cannot recall ever having been sent a letter before now. Some 150+ files raised in this hellish case. This claim out of the blue. Can cut and paste, just never used a forum before and unsure. sorry.

10past6

OK Rosey, I'm going to post a letter here, thAt I'd like you to copy and paste.

Fill in your details on the letter, then send the letter recorded delivery to te debt company, and keep a copy.

DO NOT SIGN THE LETTER, ONLY INITIAL IT.

10past6

Here you are Rosey:

Your Address
Date

Companies Name
Address

Dear Sir/Madam

Ref: XXXX

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”.

I refuse to communicate with your company any further, without you taking leave of the court.

I remind you once again of the OFT guidelines: 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”.

Should you continue to harass me for this debt, without taking leave of the court, I will raise a complaint with the relevant authorities.

I trust I have made my position absolutely clear regarding this issue.

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

ROSEY

10past6, thanks for interest but have to sign off. Will look for any response after 6 pm Monday evening. Thank you and goodnight.