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I don't believe it! I received a letter today from Lowells regarding a "debt" with Abbey.
I closed my account with Abbey about 8 years ago. A few weeks later I received a letter saying I owed them £14 for M&S card protection (this is the old days when I did such things). I refused to pay saying that I had closed the account and that they shouldn't have paid M&S. They added charges and letter fees and the last I heard the debt was at about £35.
Now Lowells say they want £64.55 - that Abbey sold them my account at the beginning of November.
A weird thing is that when I started getting seriously into debt and my Lloyds account was unusable I thought I would try to revive my Abbey account by paying off the £35. I went into a branch with a very fleabitten chequebook and they told me my account didn't exist any more and to clear off more or less.
Anyway should I use this letter? or should I just ignore them. I have changed the letter very slightly - but am very wary of entering into any communication just in case it is seen as an acknowledgement.
Thanks to Curly Ben for the template!
Dear Sir/Madam
Ref: Your Reference
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.
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.”
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 payment communication regarding this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.
We 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.
We look forward to your reply.
Yours faithfully
I closed my account with Abbey about 8 years ago. A few weeks later I received a letter saying I owed them £14 for M&S card protection (this is the old days when I did such things). I refused to pay saying that I had closed the account and that they shouldn't have paid M&S. They added charges and letter fees and the last I heard the debt was at about £35.
Now Lowells say they want £64.55 - that Abbey sold them my account at the beginning of November.
A weird thing is that when I started getting seriously into debt and my Lloyds account was unusable I thought I would try to revive my Abbey account by paying off the £35. I went into a branch with a very fleabitten chequebook and they told me my account didn't exist any more and to clear off more or less.
Anyway should I use this letter? or should I just ignore them. I have changed the letter very slightly - but am very wary of entering into any communication just in case it is seen as an acknowledgement.
Thanks to Curly Ben for the template!
Dear Sir/Madam
Ref: Your Reference
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.
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.”
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 payment communication regarding this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.
We 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.
We look forward to your reply.
Yours faithfully
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