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Re: Living in Scotland - DCA attempting to recover under Limitations Act (England/Wal
Hi FlamingParrot
This is what I sent to the DCA on 24th October 2014, it was then answered by a "big brother" company who are all probably in the same office with different email accounts.
The email above was my follow-up email, some information in the email was from another website, which is why you don't recognise it:
In respect of the above account, your company have contacted me which you claim is owed by myself.
It is my understanding that under The Prescription and Limitation (Scotland) Act 1973, Part 1: Prescription, Section 6:
“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:
(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;
then as from the expiration of that period the obligation shall be extinguished...”.
It is also my understanding that the Office of Fair Trading (OFT) guidance for Debt Collection Companies for statute barred states 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 of this debt was made over five 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 Part 1, Section 6 of the above Act, I would respectfully suggest that you are no longer able to take any further action against me to recover the alleged amount claimed.
Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the FCA questioning your fitness to hold a consumer credit licence.
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”.
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.
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It's a little more than your version, but should have worked. The only thing I didn't put on it was a reply timeframe...
Hi FlamingParrot
This is what I sent to the DCA on 24th October 2014, it was then answered by a "big brother" company who are all probably in the same office with different email accounts.
The email above was my follow-up email, some information in the email was from another website, which is why you don't recognise it:
In respect of the above account, your company have contacted me which you claim is owed by myself.
It is my understanding that under The Prescription and Limitation (Scotland) Act 1973, Part 1: Prescription, Section 6:
“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:
(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;
then as from the expiration of that period the obligation shall be extinguished...”.
It is also my understanding that the Office of Fair Trading (OFT) guidance for Debt Collection Companies for statute barred states 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 of this debt was made over five 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 Part 1, Section 6 of the above Act, I would respectfully suggest that you are no longer able to take any further action against me to recover the alleged amount claimed.
Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the FCA questioning your fitness to hold a consumer credit licence.
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”.
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.
------------------------------------
It's a little more than your version, but should have worked. The only thing I didn't put on it was a reply timeframe...
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