How to find default date

[belcam]

Re: How to find default date

Your name

Your address

date

[/RIGHT]

Tocompany name

WITHOUT PREJUDICE

Dear Sir/Madam
Account No: ********
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".
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 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 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.
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 await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I look forward to your reply.
Yours faithfully sign

This is a good template letter for the above just type in your details where the red font is

Cheers Brian

Would part of this letter not be me ackowledging the debt when what I really want is for them to prove it?

[Guest]

Re: How to find default date

Personally i think the letter you have already sent says it all.

It is up to them to prove they have an enforceable account, not to you to prove that they have not.

In my opinion the more you contact them the more you are going to encourage them.

You have requested proof, they have not provided it. Why would you pay?

[belcam]

Re: How to find default date

Personally i think the letter you have already sent says it all.

It is up to them to prove they have an enforceable account, not to you to prove that they have not.

In my opinion the more you contact them the more you are going to encourage them.

You have requested proof, they have not provided it. Why would you pay?

The letter I sent to them by Peter Bard (see comment 16) did not include the £1 fee. Should I now send a letter with the fee to Wescot stating that it is up to them, not the Oc, to supply me with the agreement? Another thing I would like to know is when do you have to write "Without prejudice" and "I do not acknowledge" etc?

[Guest]

Re: How to find default date

The letter I sent to them by Peter Bard (see comment 16) did not include the £1 fee. Should I now send a letter with the fee to Wescot stating that it is up to them, not the Oc, to supply me with the agreement? Another thing I would like to know is when do you have to write "Without prejudice" and "I do not acknowledge" etc?

I wouldn't. The section 78 request they are referring to cannot be used as proof of an enforceable agreement anyway, it can be fabricated without access to any original document. The fact that they produced one would prove/ disprove nothing.
I cannot see that requesting one would be of any use to you and may well help them confirm that you had an account.

If it were me, i would put the ball firmly in their court, they are chasing the alleged debt, so let them either prove its existence and enforce-ability or back off.

D