Apparently I have an outstanding debt to o2, it's stat barred under Scottish legislation but having sent this to them:
Without prejudice
Dear Sir/Madam
Account No: xxxxxxxxx
I do not acknowledge the alleged debt.
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that The Prescription and Limitation (Scotland) Act 1973 Part 1, Section 6 states as follows:
“If, after the appropriate date, an obligation to which this section applies (an appropriate debt) has subsisted 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…”
I/we would also point out that, in their Consumer Credit sourcebook, the Financial Conduct Authority states the following:
"In Scotland, a statute barred debt ceases to exist and is no longer recoverable if:
(1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and
(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period." 7.15.3
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8
The last payment or written acknowledgement 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 suggest that you are no longer able to take any court action against me to recover the alleged amount claimed as the debt is now extinguished under Scottish financial Legislation.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed with your entry against my name also subsequently removed from my credit file.
Regards
I got the following reply advising me that they will not accept the claim of stat barred and will continue to act based on the default date being less than 5 years:
Please be advised that this debt did not become fully due and payable until O2 issued a Default Notice, which you did not comply with.
According to our information, the Default was applied in January 2010 and, therefore, we consider that the debt is enforceable for 5 years from that date.
Please let me know how you would like to continue so I can assist you further.
I look forward to hearing from you.
Kind regards,
Lowell
Any advice on how to reply to this would be appreciated last payment goes back to may/june of 2009 so definitely stat barred