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Hi All,
I am not very legally savvy at all so please bear & forgive me for any errors. I had some debts well over 6 years ago that I believe should now be Stature Barred. I never received any Court Summons, Paperwork etc & no notices of any CCJ's made against me. Since that time, I have never entered into any sort of loans, credit cards, finance etc - stayed completely clean.
For quite some time in the last year or so, out of the blue I was being contacted via email & messages via Capquest to contact them regarding accounts that needed to be discussed. All the online information I could find stated that since more than 6 years have passed, the debts would be automatically Statute Barred & not to ever respond by calling or replying to their emails or online system so I did not.
Recently, I got the very first letters from Capquest stating that they have now passed the cases on to OPUS Limited. My online searching about OPUS seems to suggest that they are a very nasty company & NOT to ignore them. However, despite the Capquest Letters stating that OPUS would be sending me correspondence, they never have - they too only ever leave constant telephone messages asking me to call them to discuss matters. Again, I did not respond as I did not want to fall into a trap by calling/emailing or going on to their online system.
The telephone calls from OPUS have now become more intimidating in that they state that "Time is running out & in order to avoid further serious & court actions to CALL them immediately quoting the reference numbers provided".
I do not want to call & all information I can find online seems to suggest that to send them a Statute Barred Letter which I have been researching, However, may of the references had many varied dates as to the information/letters provided so I am unsure whether what I might send might still be legally correct & protect me fully without falling into any traps - I understand that the law & rules might have changed over the years & just wish to ensure I do not include anything incorrect, unwise or that might aid them in any way. I also read it might be best to use templates but to personalise them as debt companies are becoming wise to templates.
Most recommend writing a one page letter but I have struggled to do this so it does seem to drag on a bit & I am concerned that it might possibly get their bonnet up & make things more difficult/protracted with them becoming entrenched but then I am also concerned about leaving key points out?
I would be most grateful if anyone with experience in dealing with OPUS/Debt Companies can advise me if my proposed letter to them is sufficient to get them off my backs & whether to add, omit, alter anything to make it more robust, legally factual & not provide them with any wiggle room to keep chasing me - please feel free to alter/change amend since as a novice, I might have something incorrect, wrong or unwise on it. TBH, I am now very stressed out & under quite some tension due to all their calls & messages - I would be most grateful for any speedy replies as I wish to now write to them as soon as possible since I am quite fearful & somewhat panicked by their stating "time is running out to avoid court/serious actions".
Sincere Thanks.
My Draft Letter:
"Sent Via Recorded & Signed For Delivery
Opos Limited
2nd Floor
15 Meadowbank Street
Dumbarton, G82 1JR
WITHOUT PREJUDICE
Re: Your Reference Numbers: OP------- & OP-------
To Whom It May Concern:
Having previously received written correspondence from your affiliate partners Capquest who passed matters on to yourselves, you have contacted me telephonically only (no written correspondence ever received) about the accounts with the above reference numbers which you incorrectly claim I owe. I do not acknowledge nor admit any liability for your claims.
I understand that any Licence granted to you by the Office Of Fair Trading requires (OFT) requires you to abide by their guidelines.
No contract of any kind has ever been entered with yourselves, Capquest or any other affiliate or third party interlopers in relation to the alleged debts by myself or any other persons acting as an agent.
Any & all claims you allege would be Statue Barred & 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.”
Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.
"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8
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".
OFT Debt Guidelines require that an Original Creditor must obtain written consent before passing any case/account to any third party such as yourselves & no such letter of consent was ever requested, provided nor given.
The earliest point at which you could have pursued in relation to this or any alleged debts was well more than six years ago.
No payment has been made to these alleged debts by myself, any joint account-holder or any third party acting as my agent for a period of more than six years.
No written or any other kind of admission of liability for these alleged debts has been made by me, or any third party acting as my agent for a period of more than six years. These alleged debts are therefore statute barred and any court claim to recover will be sternly defended on this basis. Furthermore, Section 1, Sub-Sections 1-3 of the Contracts (Rights of Third Parties) Act 1999, firmly stipulates that any third party collection agency MUST have been expressly named & identified in any original contract signed. Since neither yourselves, Capquest nor any other third parties comply with this stipulation, you have no rights or standing with regards in this matter.
Unless you can provide evidence of payment, written acknowledgment of any outstanding debt in the relevant period under Section 5 of the Limitation Act and the original signed credit agreement, you are no longer able to pursue or take any court action to recover the amounts you allege so please confirm in writing (within 21 days) that you will now no longer pursue me for the alleged debts, that the case is closed & nullified and that you will cease all further communications to me.
Should you continue to harass me regarding these alleged debts without providing the documentation required then a complaint will be made to the Financial Services Ombudsman. In addition, this letter will be brought to the attention of the court if any proceedings are issued in respect of the above.
Sincerely,
(NAME IN CAPITALS - NOT SIGNED)"
I am not very legally savvy at all so please bear & forgive me for any errors. I had some debts well over 6 years ago that I believe should now be Stature Barred. I never received any Court Summons, Paperwork etc & no notices of any CCJ's made against me. Since that time, I have never entered into any sort of loans, credit cards, finance etc - stayed completely clean.
For quite some time in the last year or so, out of the blue I was being contacted via email & messages via Capquest to contact them regarding accounts that needed to be discussed. All the online information I could find stated that since more than 6 years have passed, the debts would be automatically Statute Barred & not to ever respond by calling or replying to their emails or online system so I did not.
Recently, I got the very first letters from Capquest stating that they have now passed the cases on to OPUS Limited. My online searching about OPUS seems to suggest that they are a very nasty company & NOT to ignore them. However, despite the Capquest Letters stating that OPUS would be sending me correspondence, they never have - they too only ever leave constant telephone messages asking me to call them to discuss matters. Again, I did not respond as I did not want to fall into a trap by calling/emailing or going on to their online system.
The telephone calls from OPUS have now become more intimidating in that they state that "Time is running out & in order to avoid further serious & court actions to CALL them immediately quoting the reference numbers provided".
I do not want to call & all information I can find online seems to suggest that to send them a Statute Barred Letter which I have been researching, However, may of the references had many varied dates as to the information/letters provided so I am unsure whether what I might send might still be legally correct & protect me fully without falling into any traps - I understand that the law & rules might have changed over the years & just wish to ensure I do not include anything incorrect, unwise or that might aid them in any way. I also read it might be best to use templates but to personalise them as debt companies are becoming wise to templates.
Most recommend writing a one page letter but I have struggled to do this so it does seem to drag on a bit & I am concerned that it might possibly get their bonnet up & make things more difficult/protracted with them becoming entrenched but then I am also concerned about leaving key points out?
I would be most grateful if anyone with experience in dealing with OPUS/Debt Companies can advise me if my proposed letter to them is sufficient to get them off my backs & whether to add, omit, alter anything to make it more robust, legally factual & not provide them with any wiggle room to keep chasing me - please feel free to alter/change amend since as a novice, I might have something incorrect, wrong or unwise on it. TBH, I am now very stressed out & under quite some tension due to all their calls & messages - I would be most grateful for any speedy replies as I wish to now write to them as soon as possible since I am quite fearful & somewhat panicked by their stating "time is running out to avoid court/serious actions".
Sincere Thanks.
My Draft Letter:
"Sent Via Recorded & Signed For Delivery
Opos Limited
2nd Floor
15 Meadowbank Street
Dumbarton, G82 1JR
WITHOUT PREJUDICE
Re: Your Reference Numbers: OP------- & OP-------
To Whom It May Concern:
Having previously received written correspondence from your affiliate partners Capquest who passed matters on to yourselves, you have contacted me telephonically only (no written correspondence ever received) about the accounts with the above reference numbers which you incorrectly claim I owe. I do not acknowledge nor admit any liability for your claims.
I understand that any Licence granted to you by the Office Of Fair Trading requires (OFT) requires you to abide by their guidelines.
No contract of any kind has ever been entered with yourselves, Capquest or any other affiliate or third party interlopers in relation to the alleged debts by myself or any other persons acting as an agent.
Any & all claims you allege would be Statue Barred & 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.”
Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.
"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8
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".
OFT Debt Guidelines require that an Original Creditor must obtain written consent before passing any case/account to any third party such as yourselves & no such letter of consent was ever requested, provided nor given.
The earliest point at which you could have pursued in relation to this or any alleged debts was well more than six years ago.
No payment has been made to these alleged debts by myself, any joint account-holder or any third party acting as my agent for a period of more than six years.
No written or any other kind of admission of liability for these alleged debts has been made by me, or any third party acting as my agent for a period of more than six years. These alleged debts are therefore statute barred and any court claim to recover will be sternly defended on this basis. Furthermore, Section 1, Sub-Sections 1-3 of the Contracts (Rights of Third Parties) Act 1999, firmly stipulates that any third party collection agency MUST have been expressly named & identified in any original contract signed. Since neither yourselves, Capquest nor any other third parties comply with this stipulation, you have no rights or standing with regards in this matter.
Unless you can provide evidence of payment, written acknowledgment of any outstanding debt in the relevant period under Section 5 of the Limitation Act and the original signed credit agreement, you are no longer able to pursue or take any court action to recover the amounts you allege so please confirm in writing (within 21 days) that you will now no longer pursue me for the alleged debts, that the case is closed & nullified and that you will cease all further communications to me.
Should you continue to harass me regarding these alleged debts without providing the documentation required then a complaint will be made to the Financial Services Ombudsman. In addition, this letter will be brought to the attention of the court if any proceedings are issued in respect of the above.
Sincerely,
(NAME IN CAPITALS - NOT SIGNED)"
)
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