Statute Barred? I'm confused

[Shirley Temple]

Re: Statute Barred? I'm confused

Red Debt Collection is just another department - or the next desk along - at Bowells.

Another of their "brands" is Hamptons Legal, which proves that they are unfamiliar with rhyming slang. (link) :rofl:

what do you suggest I do? x

[CleverClogs]

Re: Statute Barred? I'm confused

File it away safely, but no reply is really needed.

Or you could tell them the alleged debt is time barred by section 5 of the Limitation Act 1980 (link) and that, if they'd bothered to get the history of the account from the original creditor, they'd have known it was a dud.
Or you could ensure they are acquainted with the celebrated retort in the matter of Arkell v Pressdram. (link) msl:

[Shirley Temple]

Re: Statute Barred? I'm confused

File it away safely, but no reply is really needed.

Or you could tell them the alleged debt is time barred by section 5 of the Limitation Act 1980 (lik) and that, if they'd bothered to get the history of the account from the original creditor, they'd have known it was a dud.
Or you could ensure they are acquainted with the celebrated retort in the matter of Arkell v Pressdram. (link) msl:

Should I send one of those template letters for statute barred do you think? I really don't wanna get up one morning and find a letter on my mat telling me they are taking us to court?

Please tell me what's best to do in your opinion and how I should go about it x

[CleverClogs]

Re: Statute Barred? I'm confused

Should I send one of those template letters for statute barred do you think? I really don't wanna get up one morning and find a letter on my mat telling me they are taking us to court?

If they were to try to sue, the fact that the alleged debt is time-barred will be an absolute defence - and they will lose.

Please tell me what's best to do in your opinion and how I should go about it x

I regret that I am neither qualified nor insured to give such opinions.

[jon1965]

Re: Statute Barred? I'm confused

I regret that I am neither qualified nor insured to give such opinions.

Neither am I . however if it were me I think I would send something simple such as was suggested in an early post. You could leave it but the letters you are getting seem to be causing you stress (which is what they are designed to do) so throwing it back at them is probably nest. Short and simple, no need for long letters .

They may well come back by saying there was a payment of £5 or something in late 2008 at which point you ask them to prove it (keeping the fact you were abroad up your sleve)

[Shirley Temple]

Re: Statute Barred? I'm confused

Neither am I . however if it were me I think I would send something simple such as was suggested in an early post. You could leave it but the letters you are getting seem to be causing you stress (which is what they are designed to do) so throwing it back at them is probably nest. Short and simple, no need for long letters .

They may well come back by saying there was a payment of £5 or something in late 2008 at which point you ask them to prove it (keeping the fact you were abroad up your sleve)

Thank you for your advise, it's much appreciated, I shall write a short letter to them over the weekend saying its statute barred/time served and take it from there, we know there has been no payments on this what so ever so it could be interesting to see what they come back with lol x

[Shirley Temple]

Re: Statute Barred? I'm confused

Are either of you guys able to give me some tips on how I should word the letter I should send? x

[ODC]

Re: Statute Barred? I'm confused

Send the template Statute Barred letter. It contains all the relevant points

[Shirley Temple]

Re: Statute Barred? I'm confused

Send the template Statute Barred letter. It contains all the relevant points

Can I find that on this forum please ? x

[CleverClogs]

Re: Statute Barred? I'm confused

Can I find that on this forum please ? x

Yes, of course you can! :rofl:

Here (link) and here (link)

[Shirley Temple]

Re: Statute Barred? I'm confused

Ok, statute barred letter printed out, my husband hasn't signed it I just printed his name at the bottom of the letter via the iPad, I will be posting this off today by recorded delivery,,, have I done the correct thing with him not signing and recorded delivery?
Do I just sit and wait to see what their reply will be?
Do I take it that if I don't hear from them within 2 weeks they will not be persuing it any further?

Thanks again guys you have been really helpful so far x

[ODC]

Re: Statute Barred? I'm confused

Yes. Its has been alleged that certain DCAs have cut and pasted signatures. Recorded delivery at least gives you some proof the scum receive your letter

[CleverClogs]

Re: Statute Barred? I'm confused

Do I take it that if I don't hear from them within 2 weeks they will not be pursuing it any further?

Not necessarily - the company is a lot of Bowells, after all.

There is, however, no way that they could hope to enforce a time-barred debt unless they can prove that a written and signed acknowledgement was made during the limitation period, or that a payment was made in that period by you, your husband or someone acting as the agent of either of you.

As an alternative to the usual letters, you might consider this:
================================================== ==================================================
Without prejudice save for the judge's amusement.

Your reference: whatever

Dear Sirs,

Thank you very much for the letters you have sent me; not only did they make interesting and amusing material, I found that they were admirably suited for a secondary purpose. Cut or torn in half, the letters were more than adequately large. The paper was thick enough to resist tearing yet sufficiently flexible not to cause chafing; better still, the ink did not come off in use. I may never be quite happy with Andrex ever again.

However, I recently suffered a severe attack of diarrhoea which resulted in my supply of your letters becoming rather depleted.

Please send me some more letters, as soon as possible.

Yours Faithfully,

Clever Clogs

[Shirley Temple]

Re: Statute Barred? I'm confused

Just a follow up guys,
I got a letter from them this morning saying that due to section bla bla bla they will not be pursuing my husband for any more monies and that the account is now closed and the balance is £0.00,

So thanks to all who offered help and advice, I can now sleep a little better,

once again thanks x