Statute barred

mtgibbo

After recently receiving a demand for a debt from way back in 1998 i fired off a copy of the limitations act 1980 and claimed that the debt was statute barred.....

I have since received another demand and i sent off the same letter but with the added threat of reporting them to trading standards for harassment.

I am aware that they can not pursue me in the courts due to it being statute barred but i am worried that they can send letters to me for the rest of my life as long as it not classed as harassment and they can place the debt on my credit reference file, thus making it impossible for me to get any credit in the future...

Is this correct??????

RAS

mtgibbo wrote: »

I have since received another demand and i sent off the same letter but with the added threat of reporting them to trading standards for harassment.

Please report them to trading Standard, the OFT, And the Financial Ombudsman. They are out of order. Once you told them you were not paying them have to stop contacting you - so the Information Commisioner as well.

mtgibbo wrote: »

i am worried that they can send letters to me for the rest of my life as long as it not classed as harassment and they can place the debt on my credit reference file, thus making it impossible for me to get any credit in the future...

Is this correct??????

No. Your letter should have required that they dlete all reference to you from their files?

And if they record anything on your credit files they are in TROUBLE.

mtgibbo

Sorry to bother you again...You were kind enough to reply to my original post regarding the statute barred letter against a debt collecting company.

I have now received a letter saying final demand and if i don't pay court proceedings will commence. Have they got a leg to stand on if the debt goes back to 1998 and i have proof that no contact was made between May 1998 and May 2007....

I am now going to fire off some letters to trdaing standards.

fermi

Statute barred debts - Limitations Act 1980

If the debt is genuinely "Statute Barred" and you have written to them stating that it is, then that is a complete defence to any court proceedings that they may try to bring.

If the creditor is stupid enough to take it to court then the judge will be far from impressed with them. But their threats of court are most likely to be empty since they know they would lose, and instead are a last ditch attempt to intimidate money out of you.

Make that complaint to TS.

THE_LONE_RANGER_4

its old news, i would bin any more letters from them and ignore any threats yes they can ask, if you do not contact them whats the point in them keep asking have no further contact.

spitfireace45

hi,my partner has had a letter from the csa demanding £367 ,it says he has missed a payment,and the current total owing is 367..however his boy is 24 in july,and no csa letters have ever came here before.He used to pay voluntary payments ,but i assume his ex missus claimed for benefit and said she wasnt getting child support.My partner states that he has made no contact or payment 'ever' through the csa,as when his son was born,the csa didnt even exist.does statute barred apply to this

LunarTic

If a creditor continues to pursue you for a debt after you have asserted to them that the debt is Statute Barred under Section 5 of the Limitation Act 1980, then this could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970. It would almost certainly be considered unfair practice by the Office of Fair Trading, and could give reason for them to revoke the Consumer Credit Licence of the creditor in question, forcing them to cease trading.

caroljarvis

Hi there

not sure if Im on the right thread so please point me in the right direction if not.

I have received a letter from a company called Buchanan Clarke and Wells. I see from surfing the net that they are a pain in the neck to deal with. Still I need some advice. They are saying I owe money £180.00. Im totally unaware of this but vaguely remember the name of the creditor. However the letter is addressed to me in my previous name and Ive been married 7 years so that shows how long ago it would have been. I dont remember still owing anything to anyone and certainly havent had any correspondence until now to say I do. Looking on the net at other peoples experiences they have said things like statute barred? CCA reports etc. Not sure what these are? If anyone could advice me I would be greatful.

cheers carol

RAS

Hi

If you have not paid anything in 6 years, and there is no CCJ, then the debt is statute barred.

The debt still exists but the law, the courts and the OFT agree that is completely wrong for a creditor to pursue such a debt once the debtor has told them that they are not paying. Letter coming up.

RAS

One fermi made earlier - send it registered post.

Statute Barred debts.

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

England/Wales.

Quote:

1 High Street,
Newtown,
Kent
R21 4RH
Date

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:

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

I/we 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/we 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 correspondence/payment/acknowledgement or 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 me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

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

I/we look forward to your reply.

Yours faithfully




Mrs A N Other
Scotland.

Quote:

1 High Street,
Newtown,
Kent
R21 4RH
Date

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

Ref: xxxxxxxxxxx

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

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I/we would also point out that the Office of Fair Trading (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 written acknowledgement/payment of this debt was made over five 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 me/us in the relevant period under Part 1 Section 6of the above Act, I/we suggest that you are no longer able to take anycourt action against me/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 statute barred could amount to harassment".

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

I/we look forward to your reply.

Yours faithfully






Mrs A N Other

rog2

Ditto to all the advice from fermi and RAS.

The OFT guidelines on Debt Collection clearly state that a creditor/dca should cease all future attempts at collecting a debt when the debtor has told them that he/she will no longer be making any payments as the debt is Statute Barred.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Report them to Trading Standards as they are obviously ignoring the guidelines to which they should adhere in order to maintain their credit license.