I would just like to add to some useful items to this already most useful thread.

Firstly that when sending off the template letter, (see post below dated Tue, May 06 2008, 10:09 PM by Conmankiller - most useful letter indeed), the letter heading should state before anything else " I Do Not Acknowledge Any Debt To Your Company". Insert this heading on a row in bold text between the rows Account No and 'You have contacted me regarding...'

Secondly your name at the end should be typed and not be a signed siganture. The reason is that these DCA's, regardless of how official they may come across, are in fact devious little sh*ts and they are likely to use your signature where it may very well mysteriously appear on a written agreement to pay a debt you never agreed to. So type your name and not sign it.

Other than that this thread has been most useful and has dug the girl friend I had at the time out of a deep hole and the DCA sent a letter of apology and won't be bothering her again, (I'm touching wood of course as Im typing this).

Hi -- You need to get a letter to them either yourself or preferably through the CAB telling them that their actions are illlegal, by placing a default on a debt that is statute barred... and that their actions will be reported to the OFT (office of fair trading) if they do not agree to remove this illicit default immediately.

You would help your cause if you can forward a copy of your letter sent at the time, claiming the debt was statute barred.... and asking for their written response to be sent to you within 14 days.

Their contact details are below.

http://www.cabotfinancial.com/page/contact-us.html

It is for an account with B/Card and the default was in 1998. The default has been placed 7 years after the origional account defaulted. It is with a company called Cabot who are the ones who have placed the default now. I have never dealt with these people or arranged anything with them apart from receiving an annonymous letter and then when finding out who they were telling them it was Stat Barred. By the way this company have never been in touch since I told them this nearly 3 years ago and have only just hit my credit file!!

A debt once having reached the Six years statute barred anniversary should not be defaulted, are you sure this is the same creditor about the debt in question or another. ? You need to ascertain who has placed this default and what debt it is for firstly before challenging it's legality. Apply for a copy of your credit reference to find out who has placed it and or if it's for a different debt.

If as you think, it turns out to be the same company about the same debt, then they have placed the default after the debt was legally declared statute barred and breached the regulations, you should take all relevant correspondence to your local CAB who can challenge it for you and have it removed.

Hi

Can I just clarify

Are you saying that DCA are not allowed to default a statute barred account? I have had a default recently show on my CRA file from a company who contacted me 2 years ago and I sent a letter saying the debt was Stat Barred and have heard nothing since until this default has appeared. However the default is showing in 2005 ( but only just gone on, funnily enough just after I had opened a current account ) when the debt was still Stat Barred. If this is the case what kind of letter should I send them.

Thanks

Hi --- Here is where you need to exercise caution !...... If you're sure that nothing has been paid within the last Six years then send your statute barred letter by recorded delivery.

It's a lot better having nothing to re-pay compared to 35% of the old debt, then risking being stung for the balance of 65% which is what they could do.... as you would have re-started the Six year clock again, unless they were to give their prior written agreement that the 35% payment was indeed full & final settlement.

The fact that they have offered to reduce the debt so easily by so much would indicate that they know full well this debt is over Six year old and qualifies, or they wouldn't be prepared to reduce it so easily.

I would press ahead regardless and send in the statute barred letter as per your legal rights under the limitations act 1980 and see what happens, if they say payment has been made then they have to furnish sufficient proof, which I doubt they have. !

Suggested letter below.

Your Name:
Your Address:
Date

To:

WITHOUT PREJUDICE

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 statue 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

(Your signature)

REMEMBER
KEEP A COPY OF ALL LETTERS YOU SEND TO YOUR CREDITORS

Hi have now received a letter of offer??? They say pay now and save 65% of the debt does this sound dodgy or whar surely if you paid that they would say ok now you can pay the rest as you have made a payment to us?

Hi -- Indeed if a CCJ had already been obtained, it would certainly show on your credit records. !!

Thanks i will send the letter recorded delivery can you tell me how we would find out if a CCJ has been issued in the last 6 years?

There is nothing on the credit report surely this would show wouldnt it?

Hi --- If you're both sure that nothing whatsoever has been paid towards this old debt in the last Six years then write to the agency in the same manner recorded delivery stating you now consider the debt "statute barred" under the limitations act 1980. (use the link above, there is a template letter ).

The onus is on the agency to then prove that you have indeed paid anything if they consider your circumstances don't qualify,...... they would have to furnish the proof to the contrary that you had in fact paid anything within the last Six years, if they cannot then it qualifies as "timed out" and unrecoverable.

Sounds like they may be misleadingly hoping to give you the wrong impression that something was paid on or around 08.2003 (naughty naughty...tut ..tut !!) but they would have to prove that, otherwise the debt has become, "statute barred".

Don't worry about bailiffs at this stage, the debt collection agency have to prove this debt is enforceable by law first of all and get judgements, before any other action can be directed against you.

Hi wondered if you can help, we received a letter about a month ago from a debt collecting agency for an amount of £2000 stating it was from a finance company, of course we queried it and i sent a letter asking for the copy of the agreement and statement of account we didi not acknowledge the debt at any time.

They sent a copy of the agreement which was dated Jan 01, hubby does not remember making any payments ti this loan as just after this date he suffered servere depression and was hospitialised, they did not send a copy of the statement of account so i asked for this and was sent a copy well it looked just like a normal piece of paper no heading etc it states from 08.03 the amount was £xxx and up to date is still the same amount, what i do not understand is that they have put from 08.03 but the agreement was signed 23.01.01 so what has happened to the last 2 years???

I really dont know what to do next someone advised that the credit agreement had mistakes in it as they calculated the interest wrong and so they can be told the agreement is flawed with many mistakes and so is enforceable or is it status barred there is nothing on husbands credit report about this so what should we do?

I dread baliffs turning up someone did suggest that the 2 year gap maybe where the debt had been sold on???

Please can you advise me

Hi, No problem --- Once the default has become time expired which is Six years from the default date, they are not allowed to re-apply a new default for the same debt that has become statute barred, if they do you have the right to complain of unfair treatment to the OFT as in the same manner below.

The Office of Fair Trading (OFT) has issued Debt Collection guidance which looks at whether a debt is being collected fairly. They say:

It is unfair to pursue the debt if you have heard nothing from the creditor for 6 years.

The OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time.

It is unfair to mislead you be saying the debt is still legally recoverable when it isn’t.

It is unfair to keep pressing for payment after you have told them you won’t be paying the debt because it is statute barred.

If this happening then you can complain to your local Trading Standards Department in the council. They can take up your case for you. You can also complain to the OFT. Their address is at the end of the factsheet. The OFT does not usually take up individual cases but their Debt Collection Licensing Enforcement Team collects information that can be used to take action against problem creditors, who can even lose their Consumer Credit licence.

Conmankiller,

I never seem to be able to find out once statute barred debt falls of CRF can it be out back on?

Sorry to but into another post but I dont seem to be able to start new one!

Thanks

Hi -- No difference, the main conditions are that the debt has not been acknowledged or payments not been made in the last Six years, read that artice and send a letter recorded delivery, along the lines of the sample letters.. saying you now consider the debt, "statute barred", they won't like it, but there is no legal way they can then enforce it.

Thanks thats really helpful. Also and I don't know if this makes a difference but they are writing to me in my previous married name which I haven't used for 6 years.