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Statute barred

Last post Sat, May 09 2009, 5:53 PM by HelpIfUCan. 28 replies.
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  •  Sat, Aug 30 2008, 11:46 PM

    Statute barred

    Help, approx 6.5 years ago I lost the plot and started to stop paying all my credit, during this ime I have sorted myself out but are not in a postion to pay back what I took out in credit. I no longer live at the address where I had credit problems and have never recived anything at my new address, but my prev address was a family addres and i still get past the mail from here, I have recently been told that a crediter will be appllying to make me bankrupt and have sent some kind of lega document that needs to be actioned within 15 days.

    After reading up on my rights I have come accross the Statute Barred and was wondering if I could claim this. As i have never been in touch with any companies adn the last payment was made over 6 years ago to the main crediter. I also now that there has not been a CCJ reistered against me for this bill.

    can you please advise?

    • Post Points: 20
  •  Sun, Aug 31 2008, 12:05 AM

    Re: Statute barred

    Hi -- You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt:

    if

    • The creditor has not already obtained a County court judgment against you

    and

    • You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years

    and

    • You have not written to the creditor admitting you owe the debt during the last six years.

    If all those are applicable, In that case you need to write a letter and send Recorded delivery to each creditor stating that under the "limitations act 1980" this debt is now considered "statute barred" use the template letter below and tailor it to your own personal requirements.

    ......................... ................................ ..........................

    ......................... ................................ ..........................

    ......................... ................................ ..........................

    ......................... ................................ ..........................

    Your Name:
    Your Address:
    Date

    To: Creditor ???

    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

    • Post Points: 20
  •  Sun, Aug 31 2008, 9:31 AM

    Re: Statute barred

    Thanks for the reply, but the 2 questions that I could do with knowing is 1, when does the 6 year rule come into effect, is it from when ou last paid and contacted the the main creditor? 2, Can I still claim under this act if I have just ignored the letters they have sent?

    I know that I have done wrong in this and at this time i was very stupid, your help is really appreciated

    • Post Points: 20
  •  Sun, Aug 31 2008, 12:50 PM

    Re: Statute barred

    Hi --- Six years from either 1) you last paid anything 2) you last admitted or acknowledged it / agreed to pay, whichever was the latter.

    If there has been none of the above for a Six year period.....then, Yes to the second part.....send the letter and see. !!

    PS -- Don't cut yourself up, we all make mistakes at some time.

    • Post Points: 20
  •  Sun, Aug 31 2008, 4:11 PM

    Re: Statute barred

    Thank you for all the advise it is really helpful, I will be sending the attached letter today,

    Do you actually think that this company will make me bankrupt? have you ever heard of someone being made bankrupt by a creditor? Can a creditor make me bankrupt if they have no contact with me ?

    I ask these questions as I have prev stated that I have moved from the address as to where they are sending the mail and they do not know where i currently live. It would seem very strange that if this was a genuine move of address and this company did not pick this up then I could be made bankrupt with no knowledge of this.

    again your knowledge & help is required

    • Post Points: 20
  •  Sun, Aug 31 2008, 4:39 PM

    Re: Statute barred

    john --- I think that is pure BS on their behalf to intimidate you into contacting them and making an arrangement to pay, had this worked then you could not have claimed this debt as statute barred.(and it does work with a lot of people)

    Also they would have needed CCJ's against you that you had defaulted on before they could petition for your bankruptcy, treat the threats with the contempt they deserve and get that letter into them in the morning, recorded.

    • Post Points: 20
  •  Sun, Aug 31 2008, 4:50 PM

    Re: Statute barred

    I dont mean to sound corny, but you are my hero at this moment in time.

    Since i got this letter from my parents I have not had a single night sleep worrying what to do next, I have left that life behind me and starteed a new life and this could have ruined it ( marrige & child )

    I have checked the credit report through experian and there is only 1 CCJ on there but this is from a company that i agreed to pay £20pcm to. the one in question is a default that I thought had just written off the debt. also there is no links to the address i currently live in ( if they find me here can they link me to my prev address? )

    But seen as you are a Person with a wealth of knowedge can they actualy do what i prev asked?

    • Post Points: 20
  •  Sun, Aug 31 2008, 5:09 PM

    Re: Statute barred

    John --- Like you said in your first post if there is no CCJ awarded already from this creditor about the debt we are talking about, then there is no way they can make you bankrupt or take further action against you legally, especially once they receive the limitations letter....sleep tight tonight send the letter in the morning. : - )

    PS -- The other debt that is unrelated for which has been awarded a CCJ and ordered to be repaid at £20pcm, keep up your payments on that one, or they could return to the court and ask them to order further action.(but as stated this does not apply to the above paragraph).

    • Post Points: 20
  •  Sun, Aug 31 2008, 5:14 PM

    Re: Statute barred

    like I have prev stated thank you for all your help, you truly are a person with great knowledge, I will keep you posted on how things turn out.

    you may have saved my life.

    • Post Points: 5
  •  Sun, Aug 31 2008, 5:26 PM

    Re: Statute barred

    Sorry to be a pain again, i have just re checked the letter and it is a letter Statutory Demand Letter under section 26a(1)(a) of the insolvency act 1986 debt for liquidation payable.

    Is this just a hunting letter from the creditors

    • Post Points: 20
  •  Sun, Aug 31 2008, 5:36 PM

    Re: Statute barred

    Is this just a hunting letter from the creditors

    Well it certainly made you worry and think about replying......nearly worked...........Didn't it. ?

    Send the letter sleep tight tonight. : - )

    You answered your own question. !

    • Post Points: 35
  •  Sun, Aug 31 2008, 5:41 PM

    Re: Statute barred

    I belive i answered my own question then?
    • Post Points: 5
  •  Sun, Aug 31 2008, 7:16 PM

    Re: Statute barred

    have you ever heard of a company called Cap Quest Investments Ltd?

    • Post Points: 20
  •  Sun, Aug 31 2008, 7:25 PM

    Re: Statute barred

    No ...but just place it in Google there's plenty of fedback on other forums about their antics.
    • Post Points: 20
  •  Sun, Aug 31 2008, 10:10 PM

    Re: Statute barred

    Sorry but need advise again.

    just checked through the paperwork sent and it is for a personal loan and a overdrawn bank account through RBS. can both of these be put on the Statute barred?

    • Post Points: 35
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