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  • FIRST POST
    • SlickSpartan
    • By SlickSpartan 13th Jun 18, 8:08 PM
    • 4Posts
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    SlickSpartan
    Moriarty Law chasing me for debt I don't recognise and from 2010
    • #1
    • 13th Jun 18, 8:08 PM
    Moriarty Law chasing me for debt I don't recognise and from 2010 13th Jun 18 at 8:08 PM
    Hi,

    I received a letter from Moriarty Law in December 2017 saying they have been instructed to recover 347.19 for their client for an agreement which started on 07/12/2010 and which contained provision for me to pay interest and charges which are not continuing. It says that the debt was assigned by Post Office to JC international acquisition on 18/12/2015 and notice was given to me on 10/02/2016.

    Now I don't recognise the amount or recall ever having an agreement with the post office or receiving any notice in 2016. I've now received a final demand from Moriarty Law threatening court proceedings and im not sure what to do.

    Should I ask them for proof and if so whats the best way to go about this? I'm aware there is a letter template, however not sure where I can locate it.

    As I said I genuinely don't remember this debt, however if it turns out I do owe it, do I have any rights seeing as the agreement dates back to 2010 and is now over 6 years?

    Any help or guidance would be appreciated as I'm really worried this could affect my credit rating.

    Thanks
Page 1
    • sourcrates
    • By sourcrates 13th Jun 18, 8:38 PM
    • 14,934 Posts
    • 14,009 Thanks
    sourcrates
    • #2
    • 13th Jun 18, 8:38 PM
    • #2
    • 13th Jun 18, 8:38 PM
    Hi,

    Send the provit letter, available here :

    https://forums.moneysavingexpert.com/showthread.php?t=2607247

    All debt related template letters and information is in the sticky thread near the top of this forum.

    Could be statute barred.
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  • National Debtline
    • #3
    • 14th Jun 18, 12:58 PM
    • #3
    • 14th Jun 18, 12:58 PM
    Hi there,


    I agree with sourcrates to send the proveit letter first and see what response you get. If they are unable to sufficiently prove this is your debt then you can raise a complaint on that basis. However, if this is your debt then the age of it may be quite relevant.


    There is a piece of legislation called the Limitations Act 1980 that does state, if there has been a 6 year block of time since the debt fell due, with no written acknowledgement or payment to the debt and no county court action started, then the debt may no longer be enforceable through the county court and becomes known as Statute Barred.


    If this applies to this debt then you can send a follow up letter (after they have proved it to be yours) arguing they are too late to chase it under Limitations Act.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • jostark
    • By jostark 1st Aug 18, 2:22 AM
    • 8 Posts
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    jostark
    • #4
    • 1st Aug 18, 2:22 AM
    • #4
    • 1st Aug 18, 2:22 AM
    anything older than 6 years that hasnt been accepted or payment arrangement within that timeis a statue barred debt ..andshould therefore cease... this is the advice i got fromcitizens advice..onceyou start discussing it or accepting the debt .. the 6 year period begins... if you have never heardof this debt until now thenyou can email them to say it is statute barred.. andyou dispute it for that reason
    • CakeCrusader
    • By CakeCrusader 1st Aug 18, 9:55 AM
    • 498 Posts
    • 251 Thanks
    CakeCrusader
    • #5
    • 1st Aug 18, 9:55 AM
    • #5
    • 1st Aug 18, 9:55 AM
    anything older than 6 years that hasnt been accepted or payment arrangement within that timeis a statue barred debt ..andshould therefore cease... this is the advice i got fromcitizens advice..onceyou start discussing it or accepting the debt .. the 6 year period begins... if you have never heardof this debt until now thenyou can email them to say it is statute barred.. andyou dispute it for that reason
    Originally posted by jostark

    Sorry to correct, a Statute Barred debt still exists, it just can't be enforced through the courts. It applies to most debts that are older than 6 years old (but it doesn't apply to a mortgage), and it applies to debts where no payment has been made for 6 years and where the debt hasn't been acknowledged in writing for 6 years. If you get in touch with them after 5 years and 6 months and make a payment or a written arrangement to pay then the 6 year clock starts again.



    You need to start off with a prove it letter, especially as you have no idea about the debt (this isn't an acknowledgement of the debt by the way but you need to be careful how you word it, so it's best to use the template and don't sign it). If they write back with information that rings a bell, then you send the statute barred letter.
    • B j w
    • By B j w 21st Aug 18, 12:09 AM
    • 1 Posts
    • 0 Thanks
    B j w
    • #6
    • 21st Aug 18, 12:09 AM
    • #6
    • 21st Aug 18, 12:09 AM
    Hi I'm totally new so forgive me if I'm doing wrong
    I too had a letter from moriarty today but just asks me to contact then
    Nothing else
    but I feel it could only be in relation to talk talk who claimed I owed them money but when I proved otherwise via moorecroft debt collection (the company they initially used) moorecroft deferred it back to them
    So unsure how to initially respond to this letter
    Do I just write and say yep it's me and yes I live here haha
    Any advice greatly appreciated kind regards
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