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Hello everybody im Haggis

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  • Hello everybody im Haggis

    Hi to all legalbeagles, Im a 28 year old male currently living in Norway, and have not lived in the UK for over 9 years.
    I really need help on debt laws, here is my story;
    When i was 19 years old I was serving an apprentiship in the army in England. I had a £1000 and a £3000 loan plus mobile telephone bill when i decided to do a midnight flit abroad for personal reasons.
    For the last couple of years my grandparents were recieving letters from a notorious Glaswegian debt company but my grandparents always told them they dont know where i was (which was the truth for 6 years) and they eventually gave up.
    Im back at my grans in Scotland on holiday and just recieved a new letter from a company called JB debt recovery saying i owed them £854 which i believe to be a 9 year old phone bill which has multiplied.
    I have never acknowleged any of the debts as i have lived out the country for over 9 years and am under the impression that after 5years in England and 6 years in Scotland the debt is expired .
    What i need to know is can the debt be sold to one of these debt recovery agencies and become valid for another 5 or 6 years or anything along these lines ?
    I have no debts or credit cards while living abroad and manage a succesful restaurant but would like to move back to Scotland to study but do not know if/how much trouble i may be in .
    Any help or advice no matter how small would be greatly appreciated, thankyou.

  • #2
    Re: Hello everybody im Haggis

    Hi and welcome Haggis.

    9 years you say, well I would say they are statute barred now.

    Comment


    • #3
      Re: Hello everybody im Haggis

      I tend to agree with tanz, the debt is over six years old and you have not acknowledged it for 9+ years. I would suggest you send a copy of this letter.

      WITHOUT PREJUDICE

      Dear Sir/Madam

      Re: Account No/Reference No:

      No debt is acknowledged to you. 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 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.”.

      The last payment or acknowledgement 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 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 me to recover the alleged amount claimed. Any such action WILL be defended and challenged on the above grounds.

      I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. If you do not supply such confirmation, I will be making a complaint to the statutory authorities.

      I look forward to your reply.

      Yours faithfully

      (Your signature)
      Borrow money from a pessimist -- they don't expect it back.

      Comment


      • #4
        Re: Hello everybody im Haggis

        Thankyou very much for taking some of your time to help me

        I have already dispossed of this letter but if a follow up comes through the door i will definetly be using this letter you have been kind enough to supply me with, once again thankyou very much.

        Comment

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