Help with Unenforceability [UPDATED 01/2020]

[Never-In-Doubt]

Re: Help with Unenforceability

Billy,

Your new thread is here: ---> viewtopic.php?f=13&t=853

Thanks gh

[Never-In-Doubt]

Re: Help with Unenforceability

Hiya

Sorry for the delay - had a lot to be getting on with so had to leave this til I had time to get my head round it all. Ok, so you really need to respond to FairFax Solicitors with the following - that should sort them, once and for all.

• Dear Sirs,
  
  Re: Statute Barred Account - Numbered - XXXXXXXX
  
  You have contacted me regarding the account with the above reference number, which you claim is owed by myself. You then go on to say, within your letter; "[size=5]Our Client purchased this debt whilst you were insolvent. Inclusion of this debt within the Individual Voluntary Arrangement constitutes acknowledgement of the debt. The Acknowledgement ended on the date IVA was terminated and we believe this to be within limitation period, unless proven otherwise. Please be aware that we will only accept official confirmation from the IVA provider."
  
  As a legal practice, I am saddened that you do not even understand the basic principles of the Limitation Act, however for clarity I shall explain it to you. Under the Limitation Act 1980 (s.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. This means that unless I acknowledged a debt within the last 6 years, then it becomes Statute Barred also meaning that you are unable to request payment from me. I am not going to do your job for you, but suffice to say if something started in 2002 and ceased in 2003 yet it is the end of 2010 just now - how many years will that be? Also, to correct your mistake, whether or not I was in an IVA, the debt is NOT acknowledged unless payment is sent to you via the IVA. If I took out an IVA and never paid you, then there was never any acknowledgement; however that is not the case, but it does spell out the correct law to you.
  
  Now, you should also be aware that the OFT say under their Debt Collection Guidance on a Statute Barred debt that "[size=5]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. 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. The Guidance further states that "[size=5]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".
  
  As such, you can take this as my formal notice to cease communication with me as no further letters will be responded to, however in the meantime I do await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
  
  I look forward to your reply.
  
  Yours faithfully
  
  
  Sign Digitally

[gujujainuk]

Re: Help with Unenforceability

Hi Never-In-Doubt,
I will send you a private message with the details. I hope that is ok.

[Never-In-Doubt]

Re: Help with Unenforceability

Ermmm were you on an iva? If so please provide me the dates it started and the date it failed...... Please tell me enough to allow me to respond accordingly - don't guess, I need facts. Also when was the date you last paid into this account, pre iva (did u tell me originally that this was part of an iva?)....

[gujujainuk]

Re: Help with Unenforceability

well done - see what happens now eh...?

y

Hi Never-In-Doubt,
I got a reply back from FairFax Solicitors Ltd and it say's the following:

Thank you for your recent communications regarding the Limitations Act 1980:

Our Client purchased this debt whilst you were insolvent. Inclusion of this debt within the Individual Voluntary Arrangement constitutes acknowledgement of the debt. The Acknowledgement ended on the date IVA was terminated and we believe this to be within limitation period, unless proven otherwise. Please be aware that we will only accept official confirmation from the IVA provider.

Now that the IVA has failed, in order that we may assess your current financial situation, we ask that you complete a financial questionnaire in full and return this to our office, along with any other documentation requested. Returning proof documents is of paramount importance, without these documents payment offers CANNOT be accepted. You are required to make a suitable offer of repayment on the form, based on your circumstances.

An interim payment should also be forwarded with the completed questionnaire, while the offer of repayment is considered within the time stipulated, we will be left with no alternative than to continue with recovery action.

Is this end of the road for me or do I have any other options?

[Never-In-Doubt]

Re: Help with Unenforceability

Hi ok
Will start a diary. But to answer yep they sent me copy of CCA, I sent it to you, you said prescribed terms there, but because moorcroft and they think they clever, just send a dispute letter back to them.They said BOS have said docs sent so they asking for payment. This has been going on since november 2009 when last payment was made, Blair, Oliver &scott and now Moorcroft dealing with it. . Thanks

Hiya

Ok, no need to start a diary for just this one thing - for the moment ignore everything and see what happens in due course..... Obviously we don't want to push things, neither do we want things to get "too stale" so keep opening mail and let me know of anything that changes, such as new DCA or any threats made..... 2

[Aile5]

Re: Help with Unenforceability

Hi ok
Will start a diary. But to answer yep they sent me copy of CCA, I sent it to you, you said prescribed terms there, but because moorcroft and they think they clever, just send a dispute letter back to them.They said BOS have said docs sent so they asking for payment. This has been going on since november 2009 when last payment was made, Blair, Oliver &scott and now Moorcroft dealing with it. . Thanks

[Never-In-Doubt]

Re: Help with Unenforceability

Have they sent the docs to you? Regardless, you can request them again - but you need to be more specific.....

start a diary - see this: ---> viewtopic.php?p=6789#p6789

gh

[Aile5]

Re: Help with Unenforceability

Hi NID
You have been helping me with BOS credit card that was passed to another dca-moorcroft. I sent the letter off to them like you said, and got a reply back from them stating that they had been in touch with BOS who stated the CCA docs had been sent to me already, so the a/c was on hold so I could contact them immediately to arrange a repayment plan, what should I do now do you think? Thanks once again. ;P-;

[Never-In-Doubt]

Re: Help with Unenforceability

Google - "niddy sar request"

I think i googled something lke that. Shows you are there though

ahhhh thanks k k

[billypre]

Re: Help with Unenforceability

Google - "niddy sar request"

I think i googled something lke that. Shows you are there though

[Never-In-Doubt]

Re: Help with Unenforceability

You ARE on google ! That's how i managed to find you again lol It's just that you aren't ranking highly in broad searches. That's where i'll help out.

Head Mashness lol Is that a medical term

Where did you find us on google? I don't find us lol, even searching for the bloody site name ;LOL ;LOL ;LOL

Thanks for the help - we do appreciate it. Right let me crack on with your mess - arghhhh - I am headmashed and as it is current, its now meadmashedness ;-y

;LOL ;LOL ;LOL

[Never-In-Doubt]

Re: Help with Unenforceability

Thanks mate - as you already know, ive asked about SEO and when my IT boff comes back to planet earth i'll run it all past him for his say - I don't deal with that side of things but know we're not on google etc as yet so it needs attention. If you're the pro, then we will deffo have a role for you if you can and if you want to help. 2

Thanks again - back later (unless I die with head mashness) lol :xmas9

[billypre]

Re: Help with Unenforceability

Not a problem at all, if there's anyone who knows how time consuming things like building forums etc it's me !!! Hard to fit everything when you are already working on them 25 hours a day ! If you ever need any help on the site let me know, i may just have an answer or help for you

[Never-In-Doubt]

Re: Help with Unenforceability

right i'm going to sit down and sort this tonight eeeek - sorry for the delay, just finalising lots of things with the site meant a longer than anticipated delay - thanks for your patience matey y gh