Hi can anyone help me with these rodents? I had letters and phone calls to the extreme recently from these people, and finally caved in and gave them my debit card number, gave them a date and anytime after that date they cauld take a payment out. To my surprise they had taken it earlier than said which took me overdrawn. The debt I might add is over ten years old, and didnt know my rights until I read this forum. Am kicking myself!!! Do I have any leg to stand on???

alison

Even if you have begun again to make payments on a debt which may be already statute barred, it will not mean that the debt is still enforceable. You can again cease payments and the debt would be unenforceable.

You don't state whether the amount taken was a full amount or an instalment, if it was full payment, then your chances of securing the return are slim. If it was a part instalment then stop any further payments by getting your bank to change your debit card number, or they will try for other payments off the card details you gave to them. !

OFT Debt Collection Guidance - 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 not right to chase a debt if the creditor has failed to contact the debtor for six years.

It is permissible to attempt to recover the debt where there has been on going contact.

It is unfair to mislead a debtor that a debt is still enforceable when the debt may be statute barred..

It is unfair to continue to chase for payment at a stage when the creditor has been told the debt is statute barred, and no payment will be made.

Hi and thanks for the advice. They where going to take instalments by the way, but I shall be on to my bank post haste and change my card details!!!! Thanks again for the advice really glad I found this site.most helpful.

Alison

Hi -- In addition send a copy of the statute barred letter below by recorded delivery, stating that although a payment was made by mistake, as this Ten year old debt should not have been pursued in the first place after it had qualified by becoming statute barred...in line with the OFT guidelines above. You could ask for the return of the sum of money that was unfairly taken by them, but don't hold your breath on that one. !

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