Letter from a debt collection agency

fermi

so_so wrote: »

But, isnt sending a letter saying the debt is statute barred admitting to the debt, or dosnt that matter?

Nope. Once "Statute Barred" it remains so, whatever you may do or write.

Plus the normal "Statute Barred" letters do not acknowledge the debt anyway. They are generally along these lines:

Your full address
Date

The Address of the Creditor/DCA



By Recorded Delivery

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

Dear Sir/Madam

Acc/Ref No 123456789

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

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.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt 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 us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states 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”, which again should you try and proceed to court I/we* will also use this as a defence.

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

We look forward to your reply.

Yours faithfully



Mr A N Other

pa49

Hi pixsy 1983
As amerthyst quite rightly says -
As a parent i would be proud if my child told me that they are experiencing this and are dealing with it in a mature manner in a few years you can then admit it was yours and say how you dealt with it.

However I have to say that -
As a daughter I would be less than proud of a father that opens my mail!!!!!!!!!!!!!!
You must get that stopped.

Just as important draw a breath, do some research and get to grips with the legality or otherwise of your situation.
You have some good advice above to allow you to deal with this.
The best of luck.