"Prove it" letter format

[gordon1973]

Can anyone tell me the correct format for the following letter. There seems to be conflicting opinions of whether to sign or not and should I be heading "without prejudice"?

 

The Bstds

WITHOUT PREJUDICE

Dear Sir/Madam

 

Acc/Ref No ?????????

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would 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.”

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt 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 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account.

 

I look forward to your reply.

 

Yours faithfully

 

[palomino]

That's not a 'prove it' letter that's a statute-barred letter.

[gordon1973]

oops

[palomino]

Or even a 'prove it is statute-barred' letter...

[Bookworm]

However, regardless as to whether it is the right letter or not, your question was about "without prejudice", and since you want to be able to show that letter to the judge should it ever get to court, you shouldn't head it without prejudice.

[gordon1973]

what about signing it?

[Bookworm]

Views differ.

 

If you are worried the DCA might use it for the purpose of recreating the agreement by lifting your signature, then don't sign it or use a signature that will allow you to identify it as a fake at a later stage. If it isn't a worry, then I can't see an issue with signing.

[Guest forgottenone]

No.