Help demand from 1996

[promoman]

I bought a car on finance in July 1996 and within a week the auto gearbox became faulty I went back to the garage who did not want to know I then contacted the finance Co who sent me back to the garage, this went on for some weeks and in the end the garage dissapeared so I told the finance Co to either repair the car or come and pick it up as I was rejecting it, I refused to pay any more payments until it was resolved.After some time they collected the car and I did not hear any more until today when I recieved a letter from a MCA PORTFOLIO LTD who are claiming the balance from 1996 from the original account . Can they do this??....

[maroondevo52]

Hello and Welcome, promoman.

 

When was the last payment or acknowledgement of this debt made ?

 

If not in the last 6 years this debt will be statute barred, send this letter, recorded..............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Regards.

 

Scott.

Edited October 30, 2009 by maroondevo52

[promoman]

The last payment was 1996/7 & I have had no contact since until the letter today Thanks for the help.

[postggj]

send the statute barred template

 

they have no claim on you

[postggj]

SEND THIS BY RECORDED DELIEVERY

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

We 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.”

 

We 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 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 CPUTR2008

 

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.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other