Debt help please

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) But my concern is now ive wrote them a letter with my financial statment offering them a paypemt of £10 a mnth? will this affect this in anyway because ive contacted them about my debt from 7 years ago?
this is the letter i have ready to be sent..

---

(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

GingerSte

Hi redpoison.

I can't offer any advice. I just wanted to bump this up. Any takers out there?

GingerSte.

rog2

I would just preface the letter with:

'I acknowledge no debt to your company'

Otherwise - fine.

Good luck.

redpoison

i couldlnt put 'I acknowledge no debt to your company' because i allready sent them a letter last week with an offer of £10 a mnth along with my financial statement (which i hope got lost in post) .. this is where i think ive done w rong. was only coming on to these boards did i realize just hope this letter wont be void ... andi dont want to pay them nothing cus of the debt being over 6 years old.... keeping my hopes up..

CLAPTON

Unfortunately your previous letter may be considered an acknowledgement of the debt although presumably you haven't actually paid anything.

However there is no point in repeating that error by acknowledging it again in this letter.

So cut out the bit that goes " I wrote ..........etc and just

Just start the sentance
"Under the Limitation act etc

I would also delete the bit that starts

"unless you can prove etc" as you have provided that to them already.

Its difficult to know what a judge would decide in this situation but capquest may decide its not worth going to court.

redpoison

oh never thought of that

thankyou

SPANIEL36

keep us all updated with any developments and GOOD LUCK