help! sky chasing a debt we dont owe, in query, DCA harrassing my mum.

wealdroam

suky432 wrote: »

There was a sample letter i was trying to find that is asking them to provide me with the signed contact i signed and a bill for £1 and they have 12 days to provide it.

I think, but I'm not sure, that you may be talking about a Subject Access request... but that usually costs £10.
Sample letter here: http://ico.org.uk/for_the_public/personal_information?hidecookiesbanner=true

I would be more inclined to write a 'prove it' letter to MH.
A sample 'prove it' letter is here:
https://forums.moneysavingexpert.com/discussion/2607247

Fergie76

Either send the prove it letter or tell them that the debt is denied and they must then pass it back to Sky or prove you owe the debt.

As the debt is 5 years old (if Sky/MH do supply proof), never acknowledge the debt and after 6 years the debt becomes statute barred.

However never ignore Small Court Claims.

bod1467

Fergie76 wrote: »

As the debt is 5 years old (if Sky/MH do supply proof), never acknowledge the debt and after 6 years the debt becomes statute barred.

Does it? I thought the statute barring related to STARTING to chase a debt. Once they have started chasing then the 6 year limit no longer matters. (Is my understanding).

Fergie76

6 years (5 years in Scotland) from default or last acknowledged.

Would you be happy with company sitting on a debt for 10 years and then start to chase you for another 6 years on top?

http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm28384.htm

If a lender allows time to pass without receiving any payment an action for recovery may become barred.
Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
• in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

These instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 12th edition at Chapter4.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

bod1467

So I was correct then - thanks.

Fergie76 wrote: »

Would you be happy with company sitting on a debt for 10 years and then start to chase you for another 6 years on top?

If they sat on it for 10 years (or even 6 years and a day) then it would be statute-barred.

Fergie76

bod1467 wrote: »

So I was correct then - thanks.



If they sat on it for 10 years (or even 6 years and a day) then it would be statute-barred.

No you were not correct.

The debt will become statute barred 6 years from default or last acknowledge by the debtor.

Did you not read the the link?