Send this to Bryan Carter Solicitors:
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Dear Sirs,
Statute Barred Account No/Reference No: xxxxxxx
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 Financial Conduct Authority Consumer Credit Sourcebook (CONC) guidelines 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 to this debt was made over six years ago and no further acknowledgement or payment has been made since that time.
Additionally, the FCA CONC guidelines states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".
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 action against me to recover the alleged amount claimed. As is clear from a recent statement of account, the last acknowledgement to the account was 6th August 2008 which for the record, was never paid in by me however that was clearly more than 6 years ago anyway.
I await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.
Yours faithfully,
Statute Barred Account No/Reference No: xxxxxxx
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 Financial Conduct Authority Consumer Credit Sourcebook (CONC) guidelines 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 to this debt was made over six years ago and no further acknowledgement or payment has been made since that time.
Additionally, the FCA CONC guidelines states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".
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 action against me to recover the alleged amount claimed. As is clear from a recent statement of account, the last acknowledgement to the account was 6th August 2008 which for the record, was never paid in by me however that was clearly more than 6 years ago anyway.
I await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.
Yours faithfully,
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