I have always written that i do acknowledge the debt in my correspondance to the DCA and the creditor. Thanks for your help i will update how I get on

Hi Just wanted to check something and that what I am intending to do is correct. I have been in dispute with a creditor for some time (over 6 years) and during this time have not paid anything to them and continually refered to the matter as in dispute. There have been letters back and fo with nothing really sorted. As it is now well over the 6 years since I last acknowledged the debt am I within my rights to send the limitation act letter as stated below or should I be amending to take into account the debt being in dispute: I would like to 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.” The last payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Thanks Emma

Thanks for your help I'll get the letter off to them in the morning and will copy in OFT. My MP is useless have asked for help previously so wont even bother with him.

Ok letter recieved from Cabot regarding ceasing phonecalls. They have stated that the admin of justice act is irrelevant and does not apply in my circumstances. They have stated they will cease phonecalls for 14 days but after this time will ring again. Any ideas?

Thanks for your advice I'll draft letter to both Ofcom and trading standards. Shall I send no phonecalls letter again?

I have sent it with regards to home phone number it has just unnerved me how they got my work number - I am in work under married name

Some help please! Have a long running dispute with the above - they have provided an application form and nothing else to substantiate debt. Have regular phonecalls to house even though I have said writing only. Today took new distressing turn. Out of the blue recieved a phonecall from them at my work. The debt is in my maiden name and I have never been known in present job by that name. Additionally I have never provided them with details of my work - been there 3 years debt over 9 years old. How could they have gotten this number and how can i stop them ever ringing again I am not allowed personal calls? Any help appreciated. Thanks in advance!

Hi paolmino my last correspondance with honours student loan in April 2008 opened with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY this is in addition to them not replying to my CCA request sent in Oct 2006. I have stated this in all correspondance and have sent every letter recorded they have chosen never to reply to any letter sent. I do not know what more I could have done.

Thank you both for you advice and 42 man for the suggested letter - i am just off to post it now! Just to answer your replies: The last of the loans was taken out in September 1997. I have not paid any money off the loans and the last successful deferment was in April 2003 but i dont know if the liability act covers the old style student loans? - if someone could help me out on this item I would be grateful! All my correspondance was sent recorded delivery and I have the slips filed. All my letters have incorporated the statement "I do not acknowledge this debt" so i guess thats a goo thing. I will update when/if i recieve a reply from Drydens!

Hi All I am back seeking help for myself this time. I have a lond running dispute with the student loan company which goes back to November 2006. I have the old loan type which you could defer payment on. In 2004 they lost 2 deferment applications from me and subsequently defaulted my account and started charging for the priviliege. I had enough and in November 2006 I CCA them and never heard anything until April 2008 when a debt collector turned up at my door (i was 9 months preganant and the time and very scared). I wrote a letter of companint and informed them that they still had not complied with my 2006 request I heard nothing! Today out of the blue I have recieved a letter from a company called Drydens stating I now have to contact them with arrangements to pay over £5k immediately! I have no way of paying and having searched this site I am so worried as I see Drydens like going for charging orders and CCJ's! The questions I could do with some answers for are as follows: Am I right in thinking that as they never replied to my 2006 CCA request they are still in dispute? I cannot remember when I received the deafult notice - but its got to be nearly 4 years ago - is there a legal timeframe for enforcement of it? Can a charging order only be granted if i defaulted on a CCJ arrangement? Does the limitation act apply to the old style student loan agreements? I have never paid a penny to the company! If anybody can help on what to do next I would be so grateful I am so worried about this it took so long to claw myself out of debt this was the only outstanding item and stupidly I thought it had gone away! Thanks Emma

Whats a wasted costs order? Not sure how I would do this.

Ill give the courts a ring to check that it is correct. I will definately report them as their behaviour has been disgusting and my mum was worried sick!

Hi Just to update my mum recieved a notice that the case as been discontinued by Bryan Carter yesterday. Does this mean that they have given up? Do we need to do anything further with the courts? Thanks Emma

Hi I have entered above defense this morning onto system. I have recieved nothing from the solicitors reagrding my CPR should I chase this? I have sent CCA to ridgeworth with £1 postal order so shall see what will become of that. Should I sit tight or do anything else? Emma

Thank you all so much for your help. I thought the poc was a bit strange as how could they have supplied anything! Ill get the CCA sent off tomorrow. i sent the original request for disclosure recorded and have checked and its been signed for so thats something. The defense is exactly what i needed so thanks again. I will update when I get any more information. Are this company notorious for these type of claims then? Emma