old depts please kelp

sarahsaver_2

Hi all,

I owe money on visa card from 1998, ive had so much stress with them back then over the years that i just ignored there calls and letters. in 2001 i did go to a financial advisor to sort it out and he wrote letters to them but they didnt reply back....his last letter he wrote to them was something like.."as you have not replied to any of my letters to arrange an agreement i take it the dept is wrote off" and that was it i heard nothing from them until about 2004 then they started with the letters again on and off. It had been passed on to different Dept Agencies. I owe £1500 but half of that is chargers.

Ive been to CAB and tried most things back then. I struggled financialy because i became a single mum in 1998.

postingalwaysposting

hi sarah... welcome to mse and dfw... sadly i dont know your answer as i know status barred debts have exclusions, but heres a gentle nudge to the top of the page so someone can see it and answer

fatbelly

You might want to try this.

WITHOUT PREJUDICE

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".

The last correspondence/payment/acknowledgement or 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 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 statue 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

(Your signature)

sarahsaver_2

Hi, thanks for your reply

Do i send it to the dept agencies or barclays themselves?

Annie_Fanny

Sarah

I don't understand your post...have you spoken to the DCAs to sort something out?

Have you tried CCCS or Payplan or the National Debt Line for advice?

Annie

Nightlight

fatbelly wrote: »

You might want to try this.

Hi Sarah

The above quoted is spot on - had something very similar a couple of months ago when DH past caught up with him - went to CAB and the solicitor there wrote me out a letter very similar to the one quoted. The acception to the statute barred rule is any debt to do with property - thats what they told me anyway. Sent the letter off - I did get another letter - which the solicitor said I may do - but then got another letter saying that on this occassion !!!! they would not be persuing me for the money owed!!!


send it to the debt collection agency - its a good idea to send it special delivery ie so someone the other end has to sign for it - can't say they did'nt receive it then and keep a copy for yourself.

sarahsaver_2

Hi Thanks everyone for your replies!

Answer to Annie Fannie! I went to the Financial Dept Advisor who did sort some other depts out but didnt get any response from the visa dept which did back off for a while, i did also go to CAB which did give me some good advise. I dont know what CCCs is? could someone also tell me what statute barred means? Thanks

sarahsaver_2

Message to Nightlight!

What if they dont reply at all? or i send it and its not with them dept people anymore?

Maybe someone else might know this answer too!

Thanks Again Everyone for your replies

postingalwaysposting

sarahsaver wrote: »

Hi Thanks everyone for your replies!

Answer to Annie Fannie! I went to the Financial Dept Advisor who did sort some other depts out but didnt get any response from the visa dept which did back off for a while, i did also go to CAB which did give me some good advise. I dont know what CCCs is? could someone also tell me what statute barred means? Thanks

CCCS is a charity dedicated to providing confidential, free counselling and money management assistance to financially distressed families and individuals. ~ http://www.cccs.co.uk/

statute barred means (for want of a better explanation) the debt is dead and you cant be chased for it... but someone should be along later with a better explaination, heres some reading http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm

Nightlight

sarahsaver wrote: »

Message to Nightlight!

What if they dont reply at all? or i send it and its not with them dept people anymore?

Maybe someone else might know this answer too!

Thanks Again Everyone for your replies

Hi Sarah

When i went to see the solicitor at the CAB she said that they probably would'nt reply atall - its a waste of their time - if the debt is deemed statute barred, they or any other debt collection agency that the debt gets sold onto have no legal right to chase for payment, if they do are at risk of you seeking legal advice against them for harrasment. The solicitor told me that basically whoever the debt is with after 6 years, they sell your debt to a debt collection agency for something ridiculas like £1 - they then contact you in the hope that you will just pay up. It does happen - years ago we settled a £3000 debt of DH which was about 8 years old - little did I know then about the limitations act etc.

The thing to remember is that you must have had totally no contact with them for the six years ie made no payments, not called them, not received any letters or calls from them.

If you call your local CAB office and explain the situation to one of thier advisors they would probably arrange an appointment with one of thier solicitors - they usually visit once or twice a week and you will get approx 20 mins free appointment.

Hope this helps good luck.



Just like to add I'm not a legal eagle or anything this is just based on what happened to us and what we were told. Sorry to anyone who can explain it better and with the correct terminology....and probably the correct spellings!!!!!!!!!

sarahsaver_2

Hi Nightlight, Thanks for your reply!

They have sent me letters in 2004 though so they have made contact with me, so would it be still Statute Barred?