Statute Barred Query

[welshspark]

Hey Guys

Just a quick one today!.

Ive got a debt which is about 2 weeks from being statute barred ... the date which the default drops off the credit file & no payments made.

I had previous contact with this dca at the beginning of the year... when i was getting constant phone calls to my work place .

I sent a letter to them, a standard template complaint letter, requesting they remove my details from their system..

up to the point i had sent them the letter, this dca had been trying to locate me for years..

anyways, it took 3months for them to complete their investigation, and in which they stated that the reason they were contacting me at work, was because this was the information provided by the OC.

Anyways, it seems very strange that 6months nearly after they contacted me ive heard nothing since....

just wondering, if the letter i sent was some sort of aknowledgement to the debt, thus resetting the clock..

very nervous times ahead these last 14days...

so im probably thinking to much into this ?

[Nibbler]

Re: Statute Barred Query

I suspect you did not not acknowledge it, but it depends entirely on the wording of the letter.

[Kati]

Re: Statute Barred Query

I agree with [MENTION=1508]Nibbler[/MENTION] - did you save a copy of what you wrote?? Can you remember the wording??

Any extra info (such as my questions) will enable us to help you more :tinysmile_grin_t:

Kati x

[welshspark]

Re: Statute Barred Query

I agree with @Nibbler - did you save a copy of what you wrote?? Can you remember the wording??

Any extra info (such as my questions) will enable us to help you more :tinysmile_grin_t:

Kati x

thanks

so im 90% certain this is the letter i sent

it was from the money saving expert website
FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Furthermore, any claim by you that my right to withdraw consent does not apply, and/or that your phone calls have not caused 'distress' applicable under this section, will be not be accepted. Ref: Harrison v Link Financial Ltd [2011] EWHC B3

Any such attempt to evade your obligations will be immediately reported to the OFT, and trading standards and will be the subject of a complaint to the Information Commissioner's Office.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so.

Also the OFT consider it an unfair practice for you to ignore my legitimate wishes on how to contact me, for example where the debtor requests contact only via written letter or email, so I now demand that you cease any phone calls forthwith.


Yours faithfully,

[welshspark]

Re: Statute Barred Query

can anyone advise ?

[Amethyst]

Re: Statute Barred Query

It was over 6 months ago you sent this letter I think? so won't bring up the OFT don't exist anymore bit then It doesn't seem from reading that it would be classed as acknowledging the debt, there's a bit in there ''This request supersedes any contractual provision that you may claim exists, '' and it isn't ABOUT the debt/agreement but about them contacting you, so I'd say you're safe with the Stat barred clock ticking on.

[Kati]

Re: Statute Barred Query

can anyone advise ?

It doesn't read as an acknowledgement to me ... how much longer should you have to wait for it to be SB'd ??

[welshspark]

Re: Statute Barred Query

2 weeks, yer i had to double check with yourselves.. nervous times, waiting days to count down! lol

[Guest]

Re: Statute Barred Query

Yes the rule is that it must be an "unequivocal acknowledgement of the debt in writing". The letter you sent would not qualify.

[Nibbler]

Re: Statute Barred Query

This is what I looked up in an admittedly old version of HLOE the other day.

An acknowledgment must be in writing and signed by the maker or his agent , but, subject to these requirements, need not be in any particular form.

All that is necessary is that the debtor should recognise the existence of the debt or other liquidated amount outstanding and unpaid or that the person who might rely on the
statute of limitation should clearly recognise the rights against himself .

Whether a document is or is not an acknowledgment depends on what the document states.

In determining whether a document is a sufficient acknowledgment, the court will look at the circumstances in which it was written, and will construe it in the way in which the writer intended it to be construed by the person to whom it is addressed

[welshspark]

Re: Statute Barred Query

well I'm 99% certain i never signed the above letter also, as after reading about what some dca's are like with copying signatures

[Kati]

Re: Statute Barred Query

well I'm 99% certain i never signed the above letter also, as after reading about what some dca's are like with copying signatures

I think all you can do is wait until it should be SB and see what happens :tinysmile_hmm_t2:

[Guest]

Re: Statute Barred Query

• http://www.hmrc.gov.uk/manuals/dmbmanual/DMBM595080.htm
• acknowledgment of the debt - the acknowledgment must be both explicit and unequivocal.

There is also a sca k of case law but I think this will surfice