contact after 6 years ?

stikiuk

Hey guys hope you can give me some advice. (sorry its a bit long winded, tried to keep it as short as possible)
I had a credit card with MBNA, about 10 years ago was on holiday with my ex and he talked me into using it for a deposit on a timeshare !!!!!
Anyway when we still split up i lost my business and payed all my debts of eventually over the years. This must have slipt through the net as i have never had any contact with them for at least 7 maybe 8 years. I had completley forgot all about it.
I have just came home to a letter from "Westcot Credit Services" who say they are now dealing with it and unless i pay it in full within 14 days they will lodge a claim with the county court. For £7,852. 23 with costs :eek: :eek: :eek: .
I din't even know the balance was anywhere near this amount. It has absolutely stunned me.
I am sure i have read on here somewhere that if you don't hear from a company within 6 years they are not allowed to chase you for the debt, is this true ?
Thanks in advance Stiki x
Oh they are also saying on the letter it is a FINAL NOTICE, i have never had any other notice's from them !

FatJock

<P>Stikiuk,</P>
<P> </P>
<P>I would not panic about this at the moment. There is a template letter somewhere on this forum that will allow you to challange them and state the amount outstanding is over 6 years old and therefore stature barred (assuming you are correct and you've had no contact for 7/8 years). Someone will be along soon with a copy of this (I cant find it).</P>
<P> </P>
<P>Remember to;</P>
<P>1) send it registered post to ensure they cannot say they never received it.</P>
<P>2) do not acknowledge/admit liability for the debt.</P>
<P>3) sign the letter in your own hand writing (as it can be copied).</P>
<P>4) let them overly stress you out (if possible).</P>
<P> </P>
<P>Once you receive a copy of the template letter and action it I'd sit back, relax, have a moheto (or however you spell it) and enjoy the BH.</P>
<P> </P>
<P>Good Luck</P>
<P>FatJock</P>

freddy08

Yes you are right if it has been 6 years then the debt can be statute barred.
Someone who knows more than me will be along to help you soon.
Don't give in to their scare tactics!

FatJock

Sorry about all the <P> dont know where that came from

RAS

Stik

This debt is probably statute barred. In other words, it still exists but Wescot cannot chase you throught the courts for it. Even if there was a CCJ attached, at this distance in time, they would have to go to court to get permission to chase it.

Once you send the letter ot them, continued pursuit of the debt is contrary to the OFT Guidelines on debt colection and could jeopardise their licence.

RAS

Here goes

Send this this letter, by RECORDED DELIVERY:

Your Address
Date


Companies Address


Dear Sir/Madam

Ref: XXXX

I do not acknowledge any debt to your company.

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

I would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I would also 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.”

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I refuse to communicate with your company any further, without you taking leave of the court.

I remind you once again of the OFT guidelines: 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”.

Should you continue to pursue me for this debt, without providing any evidence, I will raise a complaint with the relevant authorities.

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

I trust I have made my position absolutely clear regarding this issue.

We look forward to your reply.

Yours faithfully


One verson thereof. You might want to look on the NDL web-site as well.

GeorgeUK

RAS - have you seen any info on timeshare and how it is treated for such cases?

I was wondering as it was a property debt that it may come under the 12 year limit rather than 6. Not sure how the debt is "attached" to the property though - or am i just overthinking this (or underthinking)?

RAS

Think it is an MBNA credit card debt not the timeshare chasing.

GeorgeUK

Oh good - thanks for that

stikiuk

Thanks guys, you are all so helpful. :T
RAS thank you so much for taking the time to write that for me you are a star. :T
I can stop panicking now.

*MF*

Compliments to you RAS for that post!

stikiuk ... the really maddening thing for me about these threats are that firms like Westcot know the law ... but they hope by issuing strongly worded letters/threats etc they will catch some people out simply thru making them panic.

Send the letter as advised and relax.

Still a newbie here - but just so glad that this forum exists