advice please on a loan that was taken 12 years ago

[KEV30]

Re: advice please on a loan that was taken 12 years ago

please anyone?

[Celestine]

Re: advice please on a loan that was taken 12 years ago

Depending on exact payment months, the debt could well still be statute barred.
I would reply restating the account is statute barred between 2005-2011 and that payments were only made after then in ignorance of the Limitation Act 1980. After legal advice has been sought you are now aware the debt is still Statute Barred and will not be making any further payments to MH.

[KEV30]

Re: advice please on a loan that was taken 12 years ago

does the fact that i made payment after the 6 years mean they can take legal action again or does it remain statute barred

[KEV30]

Re: advice please on a loan that was taken 12 years ago

the account defaulted on 13/01/2005 no payment or any acknowledge ment was made untill 28/07/2011 to my count over 6 years had passed and i only made the payment cause the man on phoned tricked me into paying for it with threats of legal action and made me believe it was for a personal loan

[CleverClogs]

Re: advice please on a loan that was taken 12 years ago

does the fact that i made payment after the 6 years mean they can take legal action again or does it remain statute barred

They may suggest otherwise, but the truth is that once a debt is statute barred, any subsequent payment cannot revive it. See section 29 (7) of the Limitation Act 1980 (link) and the attached PDF file.

[CleverClogs]

Re: advice please on a loan that was taken 12 years ago

the account defaulted on 13/01/2005 no payment or any acknowledge ment was made untill 28/07/2011 to my count over 6 years had passed and i only made the payment cause the man on phoned tricked me into paying for it with threats of legal action and made me believe it was for a personal loan

Debt collectors tell lies.

Report them to Trading Standards/

[KEV30]

Re: advice please on a loan that was taken 12 years ago

thank you i will write them another letter any ideas on what i could write so i sound more professional /legal

[FlamingParrot]

Re: advice please on a loan that was taken 12 years ago

does the fact that i made payment after the 6 years mean they can take legal action again or does it remain statute barred

If there was a clear period of 6 years without payments, it remains SBd :grin:

the account defaulted on 13/01/2005 no payment or any acknowledge ment was made untill 28/07/2011 to my count over 6 years had passed and i only made the payment cause the man on phoned tricked me into paying for it with threats of legal action and made me believe it was for a personal loan

In that case, it IS SBd!

thank you i will write them another letter any ideas on what i could write so i sound more professional /legal

See what Celestine suggested above:

I would reply restating the account is statute barred between 2005-2011 and that payments were only made after then in ignorance of the Limitation Act 1980. After legal advice has been sought you are now aware the debt is still Statute Barred and will not be making any further payments to MH.

[CleverClogs]

Re: advice please on a loan that was taken 12 years ago

i will write them another letter any ideas on what i could write so i sound more professional /legal

Dear Sirs,

I thank you for your latest reply, in which you state that a payment was made on 28 July 2011.

What your letter did not admit was that the default date for this alleged debt was 13 January 2005 and that more than six years had elapsed with neither written acknowledgement nor payment before July 2011. The consequence of this is that the alleged debt became statute barred on 14 January 2011, by section 5 of the Limitation Act 1980 and, by section 29 (7) of that same Act, no subsequent payment can possibly revive the cause of action. The alleged debt became statute barred on 14/01/2011, it remained statute barred on 28/07/2011, it is still statute barred now and it will remain statute barred until the end of time, regardless of what you might aver to the contrary.

For the avoidance of any doubt you may still have, no more money will be paid towards this alleged debt.

Quite candidly, I cannot understand what your company thought it was doing when it bought a bundle of alleged debts from MacKenzie Hall, as they are commonly believed to specialise in unenforceable debts. If the bundle included some print-outs, though, at least those could be used to line the office cat's litter tray as it seems unlikely they could be used commercially.

I look forward to your acknowledgement that this matter is now closed.

Yours Faithfully,

Sign Digitally.

[KEV30]

Re: advice please on a loan that was taken 12 years ago

haha thank you ..

[KEV30]

Re: advice please on a loan that was taken 12 years ago

received another letter today getting fed up with them now says -
debt owed to arrow global limited
we write further to your letter dated 10/03/2012 the content of which is noted.
as previously advised in our previous correspondence, we are unable to accept that the above account meets the provisions of the limitation act 1980. payments were received on the account between 28/07/2011 and 9/08/2012 totaling a sum of £120.85
we trust the above is satisfactory. telephone the number below to make arrangements to pay your debt .....

so would need another letter from you guys to send to them notice this letter is alot nicer ie no threats of courts

[CleverClogs]

Re: advice please on a loan that was taken 12 years ago

Did you send the letter I suggested?

If you did and the above clap-trap was their response, just report the oafs to your local Trading Standards department.

[KEV30]

Re: advice please on a loan that was taken 12 years ago

yep i sent the letter you suggested and this was there response do you think i should reply telling them if they continue trying to trick me into paying them i will be repoting them to trading standards as i have been adviced to do so by my legal advisor as they are breaking the law doing what they are doing

[CleverClogs]

Re: advice please on a loan that was taken 12 years ago

They're not breaking any law other than by representing that a Statute Barred debt is still viable because of payments made after it became SB.

They are, however, breaking the OFT Debt Collection Guidance.

Don't bother to tell them, as they don't deserve any warning - just report them.

[KEV30]

Re: advice please on a loan that was taken 12 years ago

so just to clarify i dont have to pay them there just trying to trick me into paying and if i report them to trading standards what happens do i have to take them to court or something or will i just have to make a statement for trading standards to discipline them