credit limitation act

[johnboy1974]

my older brother has been recieving letters at my mothers adress(where he lived 7 years ago) for unpaid debt from 7 years ago.
My brother has had absolutely no contact with any of these debt collecting firms and has not paid any money to these firms for seven years. The credit he got was unsecured loans and an unsecured car loan.
now my friend tells me that these companies have no right to pursue him for money as they have become time barred from doing so by the credit limitation act which states the debt is dead if court action has not been started within 5 years. Can anyone shed any light or advice on this for me.we have always lived in scotland

[allycoops]

Scotland 5 years, England 6 years,

Statute barred debts Scotland | Time barred debts

google "statue barred debt scotland"

[masur123]

my older brother has been recieving letters at my mothers adress(where he lived 7 years ago) for unpaid debt from 7 years ago.
My brother has had absolutely no contact with any of these debt collecting firms and has not paid any money to these firms for seven years. The credit he got was unsecured loans and an unsecured car loan.
now my friend tells me that these companies have no right to pursue him for money as they have become time barred from doing so by the credit limitation act which states the debt is dead if court action has not been started within 5 years. Can anyone shed any light or advice on this for me.we have always lived in scotland

Legally these debts no longer exist after 6 years, and are removed from credit history, unless contact is made with the company sending the letter, then this debt would become active again.

[super jumbe]

Do not open any letters make a cross on the address bar and write: NOT KNOWN AT THIS ADDRESS, PLEASE RETURN TO SENDER.

[Meat-Head]

Do not open any letters make a cross on the address bar and write: NOT KNOWN AT THIS ADDRESS, PLEASE RETURN TO SENDER.

remember to write on the envolope a link to youtube with one of Elvises songs - return to sender.

[chucklor]

I have had this on a couple of occasions with houses I have bought, where they have been a re-possession, you can simply call the dept collection agency and explain that this person is no longer at this address and you do not have any idea of their current location, they will simply upgrade their records and the letters will cease, it is also a good idea to ask them to send a comfirmation letter stating they no longer have an intrest in this address...chuck

[patkins]

Do not open any letters make a cross on the address bar and write: NOT KNOWN AT THIS ADDRESS, PLEASE RETURN TO SENDER.

I was about to suggest this super jumbe until I read masur123's post above yours which states 'unless contact is made with the company'.
So, maybe this could be construed as contact and might start the ball rolling again.

[masur123]

I was about to suggest this super jumbe until I read masur123's post above yours which states 'unless contact is made with the company'.
So, maybe this could be construed as contact and might start the ball rolling again.

My comment was meant as, if you respond to the letter, or ring them to arrange payment the debt can start again!

[tshirtman]

are the letters offering a deal
eg - you owe ?1000, pay in next 30 days and we will accept ?500,
if so there just chancing there arm, like others are saying "return to sender, unknown at this address",

the only people who can chase you for debt longer than 6 years, are government agencies (taxman, social security etc), they will hunt you down till you die, and beyond the grave, coonts.

[super jumbe]

This is the professional way mate.Correct - due to a court case last year with out prejudice no longer applies!!

It is better to put:

I do not acknowledge any debt to you or any other company that you claim to be working on behalf off

If the debt has not been acknowledge IN WRITTING for 6 years to more, despite what the DCA will tell you it cannot be enforced via the courts.

If this is the case than you need this:

Statute Barred Debts

If you have not acknowledged the debt in writing for 6 years or over then the Statute of Limitation Act 1980 comes into force.

http://www.lawcom.gov.uk/docs/cp151apa.pdf

In which section 5 clearly states

[allycoops]

Different needed for Scotland Super Jumbe Mate

See Below:

Scotland when a debt is staute barred.

Address

Date

Dear Sir/Madam

Acc/Ref No XXXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged,
then as from the expiration of that period the obligation shall be extinguished:"

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 acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

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.

Yours faithfully

[dctyper]

problem is, a debt is passed on to another company keeping it 'active'

just ignore the letters

[johnboy1974]

I was about to suggest this super jumbe until I read masur123's post above yours which states 'unless contact is made with the company'.
So, maybe this could be construed as contact and might start the ball rolling again.

pat the letters were opened by my mother and she just put them in the bin. there has been guys at the door and they were told he doesnt live here. same response for phone calls.

[johnboy1974]

are the letters offering a deal
eg - you owe ?1000, pay in next 30 days and we will accept ?500,
if so there just chancing there arm, like others are saying "return to sender, unknown at this address",

the only people who can chase you for debt longer than 6 years, are government agencies (taxman, social security etc), they will hunt you down till you die, and beyond the grave, coonts.

yes mate nearly all the letters offer settlement deals.

[Canker_Canison]

Had an experiance myself a few years ago. Debt was from nearly 10 years ago, collection agency caught me out as at the time I though all my debts were taken care of.

Made payment arangements & made some payments, until I spoke to a friend who's a financial advisor. Stopped the payments & sent a request for a copy of the credit agreement I signed along with a cheque for ?1 admin fee.

Only had a statement for the account showing payments made ever since. Even this is in breach of the CCA.

This is the letter I used...

Their name and address


Your name and address

date



Account Number: ********

Dear Sir/Madam

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a ?1 postal order in payment of the statutory fee, PO Serial Number *******

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.


6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law


Yours faithfully

Then there's the follow up letter when they don't send the requested information.....

Account in Dispute

WITHOUT PREJUDICE

Dear Sir/Madam,

Thank you for your letter of xx/xx/xx, the contents of which are noted. I refer you to my response which was received by your company on xxxx (The CCA Request)

Please be informed that I DO NOT ACKNOWLEDGE ANY DEBT DUE TO YOUR COMPANY.

In my response I made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 78(1) of the Consumer Credit Act. In addition a statement of my account should be sent along with any other document mentioned in the credit agreement.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request, whether you are the original creditor or not.

If you fail to comply with a legitimate request, the account enters a default situation and if you fail to comply after a further 30 days you commit an offence.

Until you comply fully with my request this account remains in dispute, in accordance with the OFT guidelines on debt collection you must not take any further action until the dispute is rectified. Should you contravene these guidelines I will not hesitate to launch a complaint with Trading Standards, the Office of Fair Trading and the Financial Ombudsman Service and the Information Commissioner.

I would appreciate your due dilligence in this matter.

Regards,
You

I didn't use the second letter, just happy that they have ~~~~ed off.