iDebt from 7 years ago ... caught up with me plse help....

redpoison

Hi.. i have received a letter from jb debt recovery on behalf of capquest.. regarding a littlewoods debt i had 7 years ago...they are telephoning me everyday making my life hell...... i told them im on income support etc yet they are still expecting me to pay the debt in full £746.43p.. so i sent them a letter with my financial statement... last week, they called me again today and i told them ive sent my financial stement etc they havent had it yet.. then i searched the net to find out where i stand and i came accross a post on here...

ive just typed this letter off (with help from posters on these boards thankyou so much)

---

(name and address)

Date 25/09/2007

Dear Sir/Madam

Acc/Ref No:-

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I wrote to you as requested with my financial statement and an offer of payment, but since i have come to realize and would like to 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 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 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 myself in the relevant period under Section 5 of the Limitation Act, i 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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully
xxxxxxxxxx

What do you think?would this be ok? what if they still expect payment of me? i just dont want any more debts urghhhh

thankyou

Sea78

HI

Well done for sending the letter - let us know the response you get.

As with the other debts, are you wanting to increase your payments - it's late and I'm a bit blurry eyed so not really understanding what you are asking - sorry for being so thick!

Snaggles

The thing that concerns me is that because you sent them a financial statement, this might class as acknowledging the debt, in which case the 6 years would start again - is anyone else with more knowledge of statute barred debts able to clarify this for the OP?

redpoison

because you sent them a financial statement, this might class as acknowledging the debt, in which case the 6 years would start again

yes this is my big worry

Snaggles

Try not to panic - why don't you post your soa (see Southern Scouser's sticky thread for details of how to do this, what to include etc), and then if worst comes to worst, and you do have to pay it, you will have some help and support in tackling it.

Herbie21

Same concern as Snaggles.

There are MANY companies out there who have purchased the "bad debt book" from financial organisations. This company have very likely done the same.

How it works is that if the debt is deemed an uncollectable, it can be "sold" for as little as 10% or even less of the value to a debt collecting agency. That company will attempt to collect the money from you and if not succesful, they will then "sell" this debt to yet another company.....and so it goes on. In a similar way, this is what has happened to the financial mortgage companies in America with nobody knocking who owns the debt.

A way for DCA's to pay even less for the "bad debt book" is to purchase debts that are over 6 years old and hope that by pursuing you relentlessly you will pay up........or, if not at least to ACKNOWLEDGE the debt, thereby forgoing the 6 year limitation act.

If you have not heard anything whatsoever from a creditor for OVER 6 years it is VITAL that you do not acknowledge the debt. What you must do is query it. DO NOT OFFER any repayments until and unless they can provide clear evidence that the debt is collectable.

In other words.....DO NOT provide any information. Instead, ask them to provide proof .