EOS Solutions + Statute Barred

aceniz

Hi, thanks for reading.
My Partner recently had a letter from A company called EOS Solutions PLC attempting to claim a debt from when she lived in Scotland. She had a catalogue (grattans) and moved to Blackpool in 2005. she was certain that all debts she carried down with her and subsequently paid them off. I had sent EOS Solutions a letter stating that the debt was now statute barred and falls under scottish law which is 5 yrs not 6. EOS solutions claim that the debt was defaulted by Grattans in march 2008 and is not Statute barred. as she moved to blackpool in 2005 she was certain that Grattans had been paid off, but has had no contact with them since that point.

im wondering what letter to send them in response to their denial of statute barring.
I hope someone can help point me in the right direction

rizla_king

Tell them to prove it's not statute barred, otherwise they can **** off.

aceniz

So far i plan to. the first template letter i sent off here seems to have been ignored. they still have not proven that the debt exists or provided any evidence of payment or acknowledgement.

fatbelly

The default date is irrelevant, otherwise they could delay time starting by withholding a default.

This view was supported by West Bromwich Building Society v Wilkinson (2005), where the House of Lords stated that it would be 'strange if a lender could stop time running by its own act'

If they want to argue the point they have to start court action and let a court determine the merits of each position.

It won't happen.

spacey2012

They would have known this before they wrote as they are a bottom feeder that buys barred credit files.

Write one simple letter : now you are aware of the serviceable address, you have been told the debt is barred, but you already know this before you bought the file, so I shall waste no more time in convincing you of what you already know.
If you would like to try your hand at overturning the statute barred legislation I would recommend starting with a county court claim, do forget you have been issued with a serviceable address, anything other than stamped court papers will now be filed in the recycling bin .
I await the court papers.
Adios Amigos.

aceniz

I have just typed up the following to EOS as their reply was just theyve contacted Grattans and it is not statute barred, that was all, no evidence or anything.

You have again contacted me regarding the account with the above reference number.
You still have not provided any evidence of payment or acknowledgement from me in the relevant period under part 1 Section 6 of the Prescription and Limitation (Scotland) Act 1973.
I ask you to provide evidence that the debt is not statute barred or I await your confirmation that this matter is closed.
I remind you that any demand for payment can amount to harassment under the terms set out by the OFT debt collection guidance.

Please let me know if anything is amiss

Thanx

spacey2012

They will never close anything, why should they, ?
They can ask until the cows come home, issue a SB notice with a serviceable address and YOU inform THEM the matter is closed.

aceniz

my mother had this problem with a statute barred specialist debt collector trying to bully my mother into paying a debt of over 9 yrs old for a balance of .....wait for it... £23!!! seriously, chasing a statute barred debt of that amount is ludicrous. it would cost them more in postage and printing.

ValHaller

aceniz wrote: »

You have again contacted me regarding the account with the above reference number.
You still have not provided any evidence of payment or acknowledgement from me in the relevant period under part 1 Section 6 of the Prescription and Limitation (Scotland) Act 1973.
[STRIKE]I ask you to provide evidence that the debt is not statute barred or I await your confirmation that this matter is closed. [/STRIKE]
I remind you that any demand for payment can amount to harassment under the terms set out by the OFT debt collection guidance.

Replace with:

This matter is now closed until and unless you provide substantive evidence that it is not Statute Barred

Best to be firm with them

aceniz

I decided to use the second template letter replacing all relevant sections with the Scottish versions of the law. they should now close it anyway. they'll know its unenforceable by law and how we can pursue them for harassment. the only issue is my partner is disabled and im self employed so cant afford a solicitor and legal aid is out the window now.

atrixblue.-MFR-.

if anything comes in the post just put in red letters NO CONTRACT RETURN TO SENDER after your notice of statute barred.


I very much doubt they would chase you in the courts for a statute barred debt, it would cost more than what they paid for the debt to get you to court, and once you send in your defense stature barred declaration to set aside they lose without even getting in the court room.. so sit back relax and have fun sending the junk mail back after your statute barred declaration.


ive had 6 different companies chase me for a debt going back to 2001 not been to court over it because they know it would fail getting to the court room.