Please do name and shame the company chasing this debt, as they are breaking OFT debt guidelines and breaking the law in regard to CPUTR. You should report their behaviour to the OFT and Trading Standards by phoning Consumer Direct to make a complaint. Consumer Direct are the helpline for these bodies. They are not allowed to contact you at your place of work and are not allowed to make such threats as using private investigators etc. That could be considered harassment.
If the debt is for a credit card, loan or overdraft and this has not been paid or admitted to within the last 6 years it will be statute barred, provided there is no CCJ for it. Suggest that you check your credit record and also check for CCJ's.
This is the statute barred letter to send them. They should leave you alone if it is a barred debt or provide evidence that it is still enforceable.
You have contacted us regarding the account with the above reference number, which you claim is owed
I would point out that under the limitations 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 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 me in the relevant period under Section 5 of the Limitation Act, I 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 CPUTR2008
In regard to recent contacts from your company to my working address and the threats made, I have reported these to the OFT and Trading Standard, as they are in breach of both the OFT guidance and CPUTR 2008. I request that all future correspondence be made in writing only to my residential address. Any further breaches of the OFT guidance and laws that apply will be subject to a further report.
I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.
I look forward to your reply.
