ee COMPLAINTS

In Pursuit of Justice

Letter 8 -When Debt Collector still try to collect after Statute Barred


Mr Joe Blogs
12 Unhappy Road
London
W5 9PH

 

The Disclosures Team,
Everything Everywhere,
Hatfield Business Park,
Hertfordshire,
AL10 9BW


7 May 2013

 

Dear Sir / Madam 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

1. This letter is sent to you to avoid any miscommunication and to give an unequivocal statement of intent.

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

4. I wrote to your company on (XXXXX) explaining that I had no wish to pay towards a debt that was barred by the statute of limitations Act 1980, this was signed for by your company on (XXXXX)

5. I am now of the view that your actions are of pure harrassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection. 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

7. I am sure you are also aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

OPTIONAL PARAGRAPHS IF A 'DOORSTEP' VISIT IS BEING THREATENED

8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and  Undersecretary Of State For Trade And Consumer Affairs.

I hope this letter makes my position COMPLETELY clear

Yours faithfully

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