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Hello there,
I was reading the forum earlier and came across a very well worded letter on the following page which I wish to adapt and use for my circumstances:
http://forums.all-about-debt.co.uk/s...E-BARRED/page2
Basically my circumstances are as follows. I had a Capital One credit card several years ago which has defaulted with a balance of £1450 or so. The final payment from me was made 1st October 2008 and since then I have not acknowledged the debt in writing to anyone nor made any further payment. Therefore, I believe the debt to be statute barred.
The debt collection agency, Cabot, has been sending me letters during this period and recently I received one from their in-house legal team, Mortimer Clarke Solicitors, threatening legal action and giving me 14 days to explain my defence to them or agree a repayment plan. Following receipt of this letter I sent them a statue barred letter effectively telling them that the debt is statute barred.
I received the following reply from them:
"Dear Sir/Madam
Re: Cabot Financial (UK) Limited
And: XXXXXXXXXXXX XXXXXXXXXXX
Ref: XXXXXXXXX
You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that 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 six year limitation period runs from the latest date on which:
1. A payment was made towards the debt; or
2. The agreement was terminated; or
3. You acknowledged the debt in writing.
We are instructed that in this case the cause of action accrued when the agreement was terminated on 22/03/2009. Therefore the debt is not statute barred and still remains payable. If you disagree please explain why."
I haven't replied to them since although I did send off a CCA request to Cabot a few days ago. Upon reading your letter on the above link, I now am wondering whether I could send my own letter, more or less telling them the same thing.
Is point 2 in their letter just made up BS? I believe it to be so.
I've started to adapt your letter myself, but am stuck on the following paragraph which I have highlighted:
FORMAL COMPLAINT
Ref : [xxxxxxxxx]
Dear Sir,
I am in receipt of your letter dated [xx] January 2015, and note with extreme concern that you either do not seem to be aware of the legislation governing your own purported business, or are deliberately misquoting it to obfuscate the facts regarding this present situation.
In the interests of avoiding costly and unnecessary litigation, and of expediting a reasonable conclusion to this matter, I therefore feel obliged to make you aware of the following -
Limitation Act 1980, Section 5
I draw your attention to Section 5 of the Limitation Act 1980, which states -
“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.”
This is relevant for two reasons. Firstly, it states the length of time which must elapse before an alleged debt becomes statute barred under this legislation, and, secondly, it gives the determining factor for the starting date of the six year period as the date of the cause of action.
Your letter of [xx] January 2015 mistakenly asserts the following –
“The six year limitation period runs from the latest date on which:
1. A payment was made towards the debt; or
2. The agreement was terminated; or
3. You acknowledged the debt in writing.
We are instructed that in this case the cause of action accrued when the agreement was terminated on 22/03/2009.”
On the contrary, the date of a default, or its registering with the credit reference agencies, is entirely irrelevant to both the Limitation Act 1980, and the accrual of any cause of action. Indeed, neither defaults nor credit reference agencies are even mentioned in any section of the Limitation Act 1980.
The six-year limitation clock begins to run from the “date on which the cause of action accrued.” In the case of this account to which you have given the reference [xxxxxxxx], that date would be date of the first missed payment. A payment was made to the account on 1st October 2008. Therefore, as Capital One Bank issues bills on the 30th of the month, the first missed payment would have been for the bill issued on 30th October 2008. Consequently, the date at which this alleged debt became statute barred is 1st November 2014.
Conclusion
I assert once again that this alleged debt is statute barred. Consequently, I require -
* An acknowledgement of the statute barred status of the account reference [xxxxxxxxxx], along with a written notice that this account is now permanently closed on your system
* An assurance that I will receive no further harassment regarding the aforementioned account,
* A formal apology for your employees' use of deceit in misrepresenting legislation and attempting to extract money under false pretences
* An offer of compensation for the unwarranted harassment which has already occurred, and the wastage of my own time in dealing with such harassment; commensurate with the prevailing Litigant in Person rate and therefore not less than the sum of £50
Any other response, or no response, WILL result in this case being escalated to the relevant regulatory authorities.
Yours Faithfully,
Does the same apply in my case, that you are aware, and if so would you have any suggestions for re-wording the highlighted section? They did not mention the word "default" so it's not a straight copy/paste exercise, however I feel the rest of the letter, i.e. not highlighted, would still be relevant and ok as is.
Sorry to approach you this way and if you wish for me to post this in the forum somewhere I will gladly do so. Any help you can offer would be greatly appreciated.
================================================== ================================================== ==================
The above was sent as a PM to a member here however I have been asked by a moderator to start a thread as others will likely be able to help.
Any assistance will be greatly appreciated, whether that come from the recipient of the PM or anyone else that would be willing to help
.
I was reading the forum earlier and came across a very well worded letter on the following page which I wish to adapt and use for my circumstances:
http://forums.all-about-debt.co.uk/s...E-BARRED/page2
Basically my circumstances are as follows. I had a Capital One credit card several years ago which has defaulted with a balance of £1450 or so. The final payment from me was made 1st October 2008 and since then I have not acknowledged the debt in writing to anyone nor made any further payment. Therefore, I believe the debt to be statute barred.
The debt collection agency, Cabot, has been sending me letters during this period and recently I received one from their in-house legal team, Mortimer Clarke Solicitors, threatening legal action and giving me 14 days to explain my defence to them or agree a repayment plan. Following receipt of this letter I sent them a statue barred letter effectively telling them that the debt is statute barred.
I received the following reply from them:
"Dear Sir/Madam
Re: Cabot Financial (UK) Limited
And: XXXXXXXXXXXX XXXXXXXXXXX
Ref: XXXXXXXXX
You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that 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 six year limitation period runs from the latest date on which:
1. A payment was made towards the debt; or
2. The agreement was terminated; or
3. You acknowledged the debt in writing.
We are instructed that in this case the cause of action accrued when the agreement was terminated on 22/03/2009. Therefore the debt is not statute barred and still remains payable. If you disagree please explain why."
I haven't replied to them since although I did send off a CCA request to Cabot a few days ago. Upon reading your letter on the above link, I now am wondering whether I could send my own letter, more or less telling them the same thing.
Is point 2 in their letter just made up BS? I believe it to be so.
I've started to adapt your letter myself, but am stuck on the following paragraph which I have highlighted:
FORMAL COMPLAINT
Ref : [xxxxxxxxx]
Dear Sir,
I am in receipt of your letter dated [xx] January 2015, and note with extreme concern that you either do not seem to be aware of the legislation governing your own purported business, or are deliberately misquoting it to obfuscate the facts regarding this present situation.
In the interests of avoiding costly and unnecessary litigation, and of expediting a reasonable conclusion to this matter, I therefore feel obliged to make you aware of the following -
Limitation Act 1980, Section 5
I draw your attention to Section 5 of the Limitation Act 1980, which states -
“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.”
This is relevant for two reasons. Firstly, it states the length of time which must elapse before an alleged debt becomes statute barred under this legislation, and, secondly, it gives the determining factor for the starting date of the six year period as the date of the cause of action.
Your letter of [xx] January 2015 mistakenly asserts the following –
“The six year limitation period runs from the latest date on which:
1. A payment was made towards the debt; or
2. The agreement was terminated; or
3. You acknowledged the debt in writing.
We are instructed that in this case the cause of action accrued when the agreement was terminated on 22/03/2009.”
On the contrary, the date of a default, or its registering with the credit reference agencies, is entirely irrelevant to both the Limitation Act 1980, and the accrual of any cause of action. Indeed, neither defaults nor credit reference agencies are even mentioned in any section of the Limitation Act 1980.
The six-year limitation clock begins to run from the “date on which the cause of action accrued.” In the case of this account to which you have given the reference [xxxxxxxx], that date would be date of the first missed payment. A payment was made to the account on 1st October 2008. Therefore, as Capital One Bank issues bills on the 30th of the month, the first missed payment would have been for the bill issued on 30th October 2008. Consequently, the date at which this alleged debt became statute barred is 1st November 2014.
Conclusion
I assert once again that this alleged debt is statute barred. Consequently, I require -
* An acknowledgement of the statute barred status of the account reference [xxxxxxxxxx], along with a written notice that this account is now permanently closed on your system
* An assurance that I will receive no further harassment regarding the aforementioned account,
* A formal apology for your employees' use of deceit in misrepresenting legislation and attempting to extract money under false pretences
* An offer of compensation for the unwarranted harassment which has already occurred, and the wastage of my own time in dealing with such harassment; commensurate with the prevailing Litigant in Person rate and therefore not less than the sum of £50
Any other response, or no response, WILL result in this case being escalated to the relevant regulatory authorities.
Yours Faithfully,
Does the same apply in my case, that you are aware, and if so would you have any suggestions for re-wording the highlighted section? They did not mention the word "default" so it's not a straight copy/paste exercise, however I feel the rest of the letter, i.e. not highlighted, would still be relevant and ok as is.
Sorry to approach you this way and if you wish for me to post this in the forum somewhere I will gladly do so. Any help you can offer would be greatly appreciated.
================================================== ================================================== ==================
The above was sent as a PM to a member here however I have been asked by a moderator to start a thread as others will likely be able to help.
Any assistance will be greatly appreciated, whether that come from the recipient of the PM or anyone else that would be willing to help
.
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