Difference between revisions of "Creditors and DCAs"
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+ | == Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years == | ||
+ | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" | ||
+ | |----- | ||
+ | | | ||
+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
+ | <span style="color:red">[Your Address] | ||
+ | June 28, 2006 | ||
+ | |||
+ | |||
+ | The Loan Company | ||
+ | |||
+ | Company House, | ||
+ | |||
+ | Church Street, | ||
+ | |||
+ | Newtown, | ||
+ | |||
+ | Kent, | ||
+ | |||
+ | R1 7HG</SPAN> | ||
Dear Sir/Madam | Dear Sir/Madam | ||
− | Re: Account/Reference Number | + | Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> |
− | You have contacted | + | 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 | + | 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 section 40 (1) of the Administration of Justice Act 1970”. | 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”. | ||
− | + | 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 | Yours faithfully | ||
− | + | </div></blockquote> | |
+ | |} | ||
Revision as of 13:11, 30 August 2008
Contents
- 1 Template letters to creditors and DCA's
- 2 Letter A - Ask your creditors to hold action on your account
- 3 Letter B - Ask your creditors to accept pro rata offers of payment on your debts
- 4 Letter C - Ask your creditors to accept a token payment or no payment on your debts
- 5 Letter D - When a creditor refuses your offer of payment
- 6 Letter E - When a creditor refuses to freeze interest on your account
- 7 Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court.
- 8 Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court
- 9 Letter H - When a creditor asks you to agree to a voluntary charge against your home
- 10 Letter I - Request for a stay of execution in the High Court
- 11 Letter J - Full and final settlement for any debt
- 12 Letter K - Ask creditors to write off the debt due to your circumstances
- 13 Letter L - Ask your creditors to reconsider if they refuse to write off the debt
- 14 Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
- 15 Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
- 16 Letter O - Mortgage shortfalls: Breakdown of balance owed
- 17 Letter P - Mortgage shortfalls: Please write off the debt
- 18 Letter Q - Mortgage shortfalls: Full and final settlement letter
- 19 Letter R - Mortgage shortfalls: Lender should not pursue under CML policy
- 20 Letter S - Inform your creditor that you are terminating your hire purchase/condition
- 21 Letter T - Failure by Creditor/DCA to Supply Agreement
Template letters to creditors and DCA's
Creditors and DCAs - Letter Templates & Budget Planner
Some of these letters refer to a budget planner. Here is a simple budget planner which you can fill in to work out how much you can afford to offer your creditors, and you can print this and send with the relevant letter:
Budget PlannerThere are both Excel and On-line versions
The letters are as follows:
Letter A - Ask your creditors to hold action on your account
|
Letter B - Ask your creditors to accept pro rata offers of payment on your debts
|
Letter C - Ask your creditors to accept a token payment or no payment on your debts
|
Letter D - When a creditor refuses your offer of payment
|
Letter E - When a creditor refuses to freeze interest on your account
|
Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court.
|
Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court
|
Letter H - When a creditor asks you to agree to a voluntary charge against your home
|
Letter I - Request for a stay of execution in the High Court
|
Letter J - Full and final settlement for any debt
|
Mrs L Y Rutherford
Letter K - Ask creditors to write off the debt due to your circumstances
|
Letter L - Ask your creditors to reconsider if they refuse to write off the debt
|
Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
|
Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
|
Letter O - Mortgage shortfalls: Breakdown of balance owed
|
Letter P - Mortgage shortfalls: Please write off the debt
|
Letter Q - Mortgage shortfalls: Full and final settlement letter
|
Letter R - Mortgage shortfalls: Lender should not pursue under CML policy
|
Letter S - Inform your creditor that you are terminating your hire purchase/condition
|
Letter T - Failure by Creditor/DCA to Supply Agreement
|