TSB Debt - lowell/BCW letters after 7yrs - Statute Barred Scotland???

[clemma]

Have you sent them the letter telling them this is statute barred?

[clemma]

Can you give the information Martin3030 asked for above? It will help us to give you better advice

[clemma]

Thats more than enough information! Send the letter posted by 42man to them ASAP. If they send you more threatening letters AFTER they have received the Statute Barred letter then come back here. When I was being chased for an SB debt AFTER telling them so, I just sent them a letter threatening to charge them for any more replies I had to send.......I haven't heard from them since (this was January)

Edited May 1, 2009 by clemma

[clemma]

Didn't notice the Scotland part - the letter posted by 42man is not applicable. Send this one instead

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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 Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 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 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 acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself 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 OFT questioning your fitness to hold a consumer credit license.

 

I 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.

 

Yours faithfully

[clemma]

The scales are between the green dot and the red triangle under your name. You click them and can give people thanks by adding to their reputation.