Help for a 13 year old personal loan

etc_2001

I had a personal loan from a high street bank but stopped payments in 2011.

At the same time I moved from England to Scotland.  I've made no payments since 2011 nor I have had or sent any communication in relating to that loan.

I recently got a letter from a debt collection agency saying they've bought the debt and asking me to contact them.  I have no intention of contacting them, but can I send them a letter saying that the debt it now statue barred (no court order was issue) and I do not acknowledge the debt? 

Any templates I can use?

sourcrates

Yes, we have a statute barred template letter in the stickies.

To save you searching, copy this and edit to your circumstances:

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam


Account No: xxxxxxxxxxx

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

I 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 would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

Limitation commences from the date specified in the default notice for payment of the arrears, this was on (insert date) which is over six years ago.

Unless you can provide evidence to the contrary, or of payment or written acknowledgement from me 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 me to recover the alleged amount claimed.

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 hearing from you.

Yours faithfully



Mrs A N Other

etc_2001

wonderful - thank you so much!