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| spiritualone | 27-08-2010 02:09 PM |
 Joined: 10 Aug 2010 Posts: 435 My Profile | So after sendin off the statued barred template for my own matter concerning a what must be 13 year old social fund loan, sytatuet barred twice over etc, must say i was surprised they replied, there dealing with it apparently as a "complaint" probably my fault as i told them in a round about way that they must be incompetent :-), but yeah theyve responded saying my concerns require further investifgation and they are unable to give me a straight responce, as im always thinking 10 steps ahead,im curious as to why there even bothering i did state in my letter well invited the to PROVE the debt exists providing nothing less than official documentation and my signature acknowledging the debt, do u think they might interpret this as they can merely find something with my signature on it as opposed to a properly executed credit agreement? and if they are thinking that presumably i should be able to go back tothem and say my interpretation of official documentation is a properly executed credit agreement??? im just thinking outside the box and anticipating any potential moves against me etc, i know the statuet barred will stick so im not worried in that regards, its just the ability to potentailly place a default on my file as ive sculpted a somewhat triple AAA credit file, these past few years any thoughts???? |
| DW George | 27-08-2010 04:29 PM |
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Joined: 01 May 2007 Posts: 1037 My Profile | Interesting one here. It may be the case that they haven't received your type of letter before and don't know how to respond to it. Even if they do place a default on your AAA credit file, you can always dispute this as factually inaccurate being that DC's cannot produce a copy of the original agreement. If IQOR somehow manage to produce a copy then you can always stick a note on your file which details your objections. Creditors are hungry for good quality customers with good credit files. So they're more than lightly to ignore defaults which related to debts which are more than 13 years old. |
| spiritualone | 27-08-2010 04:51 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | many thanks now i need to get ready to go to work :-( ill nip on later when im skivin :-) |
| spiritualone | 02-10-2010 12:56 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | These muppets just wont go away, they have now sent me a letter breaking down what the debt is about and its concening money paid out in 1996 and 1997, and would now like me to fill in a financial statement with payment proposals lol |
| DW George | 02-10-2010 01:08 PM |
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Joined: 01 May 2007 Posts: 1037 My Profile | fight, fight fight! |
| spiritualone | 02-10-2010 01:27 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | IM SENDING THE FOLLOWING BACK: Dear Sir/Miss, I refer to your recent communication dated Thursday, 30 September 2010, Client Ref: 9********* Our Ref: 2********** As I recall I specifically stated the following guidelines concerning The Statuet of Limitations act and Guidelines regarding the recovery of DWP debts/overpayments: Under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6: “If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged; then as from the expiration of that period the obligation shall be extinguished...” It is also my understanding that the Office of Fair Trading (OFT) guidance for Debt Collection Companies for statute barred states that: “It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last written acknowledgment/payment of this debt was made over five 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/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/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”. It is completely apparent that you have FAILED to provide EVIDENCE of ANY ACKNOWLEDGEMENT OR PAYMENT MADE TO THIS ALLEGED DEBT WITHIN THE LIMITATION PERIOD. (Please turn over to page 2 of 2) Furthermore I also SPECIFICALLY STATED DWP RECOVERY GUIDELINES: On the National Debt Line it states: Benefit Overpayments & Social Fund Loans The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans. In view of the above the Limitation Act does in fact apply to DWP debts and overpayments. Bearing this in mind due to time that has elapsed this IS statute barred and as such I will not be paying anything to your company. I Would also point out that I DEMANDED OFFICIAL PROOF BEARING MY SIGNATURE of which you supplied NONE. All you have supplied is dates relating to alleged debts which date back to 1996 and 1997 (ie) 13-14 years ago. THEREFORE this alleged debt has flew way past the stauet of limitations act and time-frame TWICE OVER. So in summary then and CONCLUSION let me make the following absolutely clear. IM NOT PAYING ANY MONEY TO YOUR COMPANY AT ANY TIME NOW OR IN THE FUTURE REGARDING A STATUET BARRED DEBT AND NEVER WILL BE, YOU WILL NEVER RECEIVE ANY REPAYMENT PROPOSALS FROM ME AS I WILL NEVER BE PAYING ANY MONEY TO YOU. YOU LEGALLY HAVE NO RIGHT TO PURSUE ME ANY FURTHER OVER THIS SUPPOSED DEBT AND I WILL NOT BE ENGAGING IN MINDLESS WITTY LETTER BANTER WITH YOU ANY FURTHER. IF YOU ATTEMPT TO CONTACT ME ANY FURTHER OR REQUEST ANY FURTHER PAYMENTS/PROPOSALS FROM ME, I WILL BE COMPLAINING DIRECTLY TO THE OFT STATING THAT IQOR IS DIRECTLY BREACHING THERE TRADING GUIDELINES AND MY LOCAL TRADING STANDARDS OFFICE AND OFCOM. HAVE I MADE MYSELF CLEAR? Yours Faithfully Mr A |
| spiritualone | 02-10-2010 01:30 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | What do you think should i add anything else in? |
| spiritualone | 02-10-2010 02:54 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | Infact we will call this my finalised draft unless there are any objections? Dear Sir/Miss, I refer to your recent communication dated Thursday, 30 September 2010, Client Ref: 9****** Our Ref: 2****** As I recall I specifically stated the following guidelines concerning The Statuet of Limitations act and Guidelines regarding the recovery of DWP debts/overpayments: Under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6: “If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged; then as from the expiration of that period the obligation shall be extinguished...” It is also my understanding that the Office of Fair Trading (OFT) guidance for Debt Collection Companies for statute barred states that: “It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last written acknowledgment/payment of this debt was made over five 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 Part 1 Section 6 of the above Act, I You are no longer able to take any court action against me to recover the alleged amount claimed. It does not matter if in 20 years time if I find myself unemployed or having a pension if the DWP, are then able to prove I am liable for monies allegedly owed, as the law states they can deduct monies from me in that type of situation. IQOR cannot and neither can IQOR take me to court for this alleged debt and neither can the DWP as 6 years have passed. 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” (Please turn over to page 2 of 2) It is completely apparent that you have FAILED to provide EVIDENCE of ANY ACKNOWLEDGEMENT OR PAYMENT MADE TO THIS ALLEGED DEBT WITHIN THE LIMITATION PERIOD. Furthermore I also SPECIFICALLY STATED DWP RECOVERY GUIDELINES: On the National Debt Line it states: Benefit Overpayments & Social Fund Loans The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don't need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans. In view of the above the Limitation Act does in fact apply to DWP debts and overpayments. Bearing this in mind due to time that has elapsed this IS statute barred and as such I will not be paying anything to your company. I Would also point out that I DEMANDED OFFICIAL PROOF BEARING MY SIGNATURE of which you supplied NONE. All you have supplied is dates relating to alleged debts which date back to 1996 and 1997 (ie) 13-14 years ago. THEREFORE this alleged debt has flew way past the Statuet of limitations Act and Court Barred Debt time-frame TWICE OVER. So in summary then and CONCLUSION let me make the following absolutely clear. IM NOT PAYING ANY MONEY TO YOUR COMPANY AT ANY TIME NOW OR IN THE FUTURE REGARDING A STATUET BARRED AND COURT BARRED DEBT AND NEVER WILL BE, YOU WILL NEVER RECEIVE ANY REPAYMENT PROPOSALS FROM ME AS I WILL NEVER BE PAYING ANY MONEY TO YOU. YOU LEGALLY HAVE NO RIGHT TO PURSUE ME ANY FURTHER OVER THIS SUPPOSED DEBT AND I WILL NOT BE ENGAGING IN MINDLESS WITTY LETTER BANTER WITH YOU ANY FURTHER. IF YOU ATTEMPT TO CONTACT ME ANY FURTHER OR REQUEST ANY FURTHER PAYMENTS/PROPOSALS FROM ME, I WILL BE COMPLAINING DIRECTLY TO THE OFT STATING THAT IQOR IS DIRECTLY BREACHING THERE TRADING GUIDELINES BY DEMANDING PAYMENT OF A STATUET BARRED DEBT AND MY LOCAL TRADING STANDARDS OFFICE AND OFCOM. HAVE I MADE MYSELF CLEAR? Yours Faithfully Mr A 2/10/2010 |
| spiritualone | 02-10-2010 06:43 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | Sod it im not messing about thats been sent plus if put in an official complaint to falkirk trading standards and consumer direct, im so furious right now....... |
| spiritualone | 04-10-2010 01:21 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | Being super impatient emailing trading standards wasnt quick enough so i called the falkirk trading standards helpline, and INTERESTINGLY was piggy backed to consumerdirect this appears to be a nice CHEAP WAY of contacting consumerdirect as you AVOID paying an 0845 call rate and only your local councils landline rate instead, although dissapointingly there is a 10 working day time frame till trading standards gets back to you PERSONALLY, although this may fit in well as it gives IQOR a further opportunity to HARRASS me on this matter this ended up bein my FINAL FINAL DRAFT lol which i sent by guaranteed next day delivery and registered post cost me a bloomin fiver lol,. ANYWAYS heres a nosey at my finalised draft if any debt watchdog user wants to sculpt part of it into there own RESPONCE letter lol: Dear Sir/Miss, I refer to your recent communication dated Thursday, 30 September 2010, Client Ref: ******** Our Ref: *********** As I recall in my first letter (PROOF OF WHICH I HAVE RETAINED). I specifically informed IQOR that I would not be paying this debt or any money towards it as it is a Statued Barred and Court barred debt and as such cannot be legally pursued. I also made it VERY CLEAR the OFFICE OF FAIR TRADING (OFT) GUIDELINES CONCERNING THE PURSUIT OF STATUET BARRED DEBTS WHICH CAN BE SUBJECT TO HARRASSMENT AND PROSECUTION. It is now clear that IQOR feels it is ABOVE THE LAW AND CAN CHOOSE TO DISREGARD IT. It also clear that IQOR believes that its company is not one which is REGULATED BY THE (OFT) AND CAN DISREGARD AND BREACH THERE GUIDELINES whenever it sees fit. I now feel as I have to once again state the legal position of the Statute Of Limitations Act and formal guidance and guidelines issued by the OFT in addition to DWP collection guidelines. That IQOR is specifically and MALICIOUSLY engaged in HARRASMENT PROCEDURES AGAINST ME. This will NOT be tolerated any further I have a legal right to seek that IQOR is prosecuted due to disregarding the laws regarding a Statute Barred and Court Barred Debt and harassing me further on this matter and a legal right to question IQORS fitness to hold a consumer credit license. Whereas IQOR has no legal right WHATSOEVER to take ANY action against me. For the FINAL time let me make the LEGAL position of this matter clear: 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 Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" I 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 written acknowledgment/payment of this alleged debt was clearly made over five years ago (i.e. you refer to alleged debts from 1996 and 1997) 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 Part 1 Section 6 of the above Act, I You are no longer able to take any court action against me to recover the alleged amount claimed. It does not matter if in 20 years time if I find myself unemployed or having a pension if the DWP, are then able to prove I am liable for monies allegedly owed, as the law states they can deduct monies from me in that type of situation. IQOR cannot and neither can IQOR take me to court for this alleged debt and neither can the DWP as 6 years have passed. 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” (Please turn over to page 2 of 3) Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license. It is completely apparent that you have FAILED to provide EVIDENCE of ANY ACKNOWLEDGEMENT OR PAYMENT MADE TO THIS ALLEGED DEBT WITHIN THE LIMITATION PERIOD. Furthermore I also SPECIFICALLY STATED DWP RECOVERY GUIDELINES: On the National Debt Line it states: Benefit Overpayments & Social Fund Loans The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans. In view of the above the Limitation Act does in fact apply to DWP debts and overpayments. Bearing this in mind due to time that has elapsed this IS a Statute Barred and Court Barred Debt and as such I will not be paying anything to your company. I would also point out that I DEMANDED OFFICIAL PROOF BEARING MY SIGNATURE of which you supplied NONE. All you have supplied is dates relating to alleged debts which date back to 1996 and 1997 (i.e.) 13-14 years ago. THEREFORE this alleged debt has flown way past the Statute of limitations Act and Court Barred Debt time-frame TWICE OVER. So in summary then and CONCLUSION let me make the following ABSOLUTELY CLEAR: IM NOT PAYING ANY MONEY TO YOUR COMPANY AT ANY TIME NOW OR IN THE FUTURE REGARDING A STATUET BARRED AND COURT BARRED DEBT AND NEVER WILL BE, YOU WILL NEVER RECEIVE ANY REPAYMENT PROPOSALS FROM ME AS I WILL NEVER BE PAYING ANY MONEY TO YOU. YOU LEGALLY HAVE NO RIGHT TO PURSUE ME ANY FURTHER OVER THIS SUPPOSED DEBT AND I WILL NOT BE ENGAGING IN MINDLESS WITTY LETTER BANTER WITH YOU ANY FURTHER. IF YOU ATTEMPT TO CONTACT ME ANY FURTHER OR REQUEST ANY FURTHER PAYMENTS/PROPOSALS FROM ME, I WILL VIEW THIS AS FURTHER “HARRASSMENT” I WILL BE COMPLAINING DIRECTLY TO THE OFT STATING THAT IQOR IS DIRECTLY BREACHING THERE TRADING GUIDELINES BY DEMANDING PAYMENT OF A STATUET BARRED AND COURT BARRED DEBT AND MY LOCAL TRADING STANDARDS OFFICE AND OFCOM, QUESTIONING IQORS FITNESS TO HOLD A CONSUMER CREDIT LICENCE AND LODGING A COMPLAINT OF HARRASSMENT. FURTHERMORE IF I DISCOVER IQOR HAS FURTHER BROKEN THE LAW BY ATTEMPTING TO PLACE A DEFAULT MARKER CONCERNING A 13-14 YEAR OLD STATUET BARRED DEBT ON ANY OF MY CREDIT FILES, IN RELATION TO A DWP DEBT WHICH IS NOT SUBJECT TO A CONSUMER CREDIT AGREEMENT AND THERBY IMPOSSIBLE TO DEFAULT ON, AND A STATUET BARRED DEBT WHICH CANNOT LEGALLY BE PLACED ON A CONSUMERS CREDIT (Please turn over to page 3 of 3) FILES I WILL SEEK TRADING STANDARDS SUPPORT OR THE ASSISTANCE OF MY LAWYER IN PROSECUTING IQOR FOR ADDITIONAL ANXIETY STRESS AND PSYCHOLOGICAL HARRASMENT DAMAGES, AND IT WILL BECOME MY “PERSONAL MISSION IN LIFE” TO PROSECUTE IQOR TO THE FULLEST EXTENT OF THE LAW. HAVE I MADE MYSELF CLEAR? Yours Faithfully Mr. 2/10/2010 |
| DW George | 06-10-2010 10:38 AM |
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Joined: 01 May 2007 Posts: 1037 My Profile | Sorry for not getting back to you mate, been busy with other projects. Your letter should hopefully do the business. You should have also added a bit at the bottom which details the cost you have incurred dealing with this matter eg the volume of ink used to print the letter ;) |
| spiritualone | 06-10-2010 01:42 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | No worries mate when your busy your busy, same as us all :), But yeah hopefully that will be an end of it now, although it is now in the trading standards route so if they decide to press it further they will effectively be providing more fuel for the fire so to speak and im sure i could paint a compelling argument to trading standards, Was doing a little research on IQOR turns out there pursuing many other peeps over these DWP debts, some as much as 25 year old statuet barred debts, they must be thinkin with consumers thinkin its a government debt there onto a winner and have a better chance of takin the mick lol, As for the chargin for ink advice id forgot that and will include it in my next set of charges, including hours spent which i will modestly accept at the minimum wage rate + my £5 for my next day delivery, then my £1.20 for my first class recorded then theres the cost of my printer paper.......... Yeah its all addin up i can see it now lol :) |
| spiritualone | 07-10-2010 04:12 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | VERY IMPRESSED TRADING STANDARDS WAS JUST ON THE PHONE, I explained the situation to them and they would like to take the matter further on my behalf, with a view to questioning iqors fitness to hold a consumer credit licence, IQOR picked a bad day pickin on me im droppin off the letters tommorow, ill put these muppets in there place, :) |
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kitten
| 13-10-2010 04:47 PM |
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Joined: 13 Oct 2010 Posts: 1 | Hi spiritualone, what has been the outcome of your situation? I am in the same situation. IQOR have passed me onto another recovery agent, Incasso! By the way, you write a very articulate letter. Kelly |
| spiritualone | 13-10-2010 06:32 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | Hi kitten trading standards is dealing with it i had an appointment with the "enforcement officer" who told me hed be taking care of it and writing to them, if they wanna play with trading standards its a dangerous game, but yeah its been a week now since IQOR recieved the letter and about 5 days since i had my meetin with tradin standards, tradin standards have my number and have not contacted me any further on the matter so i assume im FINE my end etc, ill keep this thread updated if i need to, Kitten........id suggest going straight to tradin standards, this kinda thing is part of the reason they exist ure local council will have there own department, AND thanks for saying i write an articulate letter.i did the full UNI thing, so developed a habbit for it..........though i can come across quite dyslexic sometimes on this forum due to havin a hashy basy typin finger, theres many times id EDIT, my post though theres no EDITING FUNCTION.......... GEORGE whos fault is that? lol :P |
| spiritualone | 21-10-2010 10:33 AM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | Soooooooooooo, i was gonna take a few weeks break from advisin on this but hey good works never done a suppose lol, ANYWAYS AS PROMISED I said id update this thread if appropriate. Trading Standards was just on the phone they contacted IQOR who called trading standards and apolagised LOADS to them lol. END RESULT ............I wont EVER be hearing from IQOR AGAIN and the OFT are being made aware that the DWP thinks it is appropriate to pursue people for STATUET BARRED DEBTS. :) |
| DW George | 21-10-2010 10:35 AM |
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Joined: 01 May 2007 Posts: 1037 My Profile | Excellent result Spiritualone. |
| spiritualone | 21-10-2010 10:39 AM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | Thanks mate, i felt it appropraite to make trading standards aware that this pursuit of DWP debt is WIDESPREAD ILLEGAL AND NOT ON. So hopefully ive helped a few others in the future aswell. To Debt Watchdog Forum Readers, you are more than welcome to sculpt/use my letters as your own templates, just be sure and remember SOME WORDING will NEED to be changed to suit your own circumstances. ANYWAYS i need to nip out ill BE ABOUT....... :) |
| spiritualone | 21-10-2010 06:50 PM |
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Joined: 10 Aug 2010 Posts: 435 My Profile | Im addin letters 1+2 consecutively as my initial letter was in the welcome thread so here goes peeps this is how i dealt with my statuet barred matter: LETTER NUMBER 1: Dear Sir/Madam I do not acknowledge any debt to you or any other company or organisation that you claim to be representing You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I know nothing of this debt as such I invite you to PROVE it exists, providing evidentiary support of your claim, nothing less than OFFICIAL DOCUMENTATION bearing my signature and acknowledgement being ACCEPTABLE. According to the guidelines set by the Office of Fair Trading and CUPTR (Consumer Protection from Unfair Trading Regulations) 2008: • It is unfair for debt collectors to demand for payments from an individual when they are uncertain about the debtor/debtors. • It is unfair to track third parties for payments when they are not legally liable. • It is unfair not to freeze collection activity during the investigation period of a queried or disputed debt. Disregarding or ignoring claims of debts that have been disputed or settled and continual unjustified demands for payments result in psychological harassment and can be subject to prosecution. Furthermore, any attempts to organize a door step visit will not be tolerated, as under the rules set by the Office of Fair Trading (OFT) , you can only visit me at my home if I wish to make an appointment and I have no such wishes. Any visit’s made at my property will be deemed as trespassing and action will be taken including police attendance if necessary. Furthermore 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." Regarding Scottish law under The Prescription and Limitation (Scotland) Act 1973 Part1 Section 6 the obligation of paying the debt shall be considered to be extinguished if there were no acknowledgement on that particular debt made within 5 years. Bearing in mind the last time I received any benefits was over a DECADE ago as such this debt is basically statute barred TWICE OVER if indeed it even exists at all. I 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". As I have never acknowledged this debt, 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 court action against me to recover the alleged amount claimed. I would also point out that under Debt Collection Guidelines concerning DWP overpayments the following legislation applies: (please turn over to page 2 of 3) On the National Debt Line it states: Benefit Overpayments & Social Fund Loans The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans. In view of the above it would seem that the Limitation Act does in fact apply to DWP debts and overpayments. Bearing this in mind due to time that has elapsed this debt if it even can be proven to exist is statute barred and as such I will not be paying anything to your company. 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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. A copy of this letter and its sent/received date will be retained by myself in addition to the signature of the colleague working for your company who signed for this recorded delivery, thereby acknowledging its receipt ,a service I am sure you are aware being provided by royal mail. Furthermore if you continue to waste my time with threats and harassment which have no legal standing.. I will pass your details onto my local councils trading standards department and you can deal with them. I will also file an official complaint with OFCOM and the OFT providing them will full copies of what has been SENT to you and RECEIVED by you. As I feel your department must be unaware of current legislation and law practices I have compiled the following overview of the law, which you may wish to redistribute to your staff members so that they are “adequately trained” What are the debt collection harassment regulations in UK and Scotland? Creditors cannot harass you to recover debts in UK as well as in Scotland. In UK it is a criminal offence as stated under section 40 of the Administration of Justice Act 1970. The Office of Fair Trading and Trade Associations in UK also have published guidance of activities for creditors to ensure fair debt collection. In Scotland also creditors cannot harass debtors as stated under Protection from Harassment Act 1997 What is a court barred debt? Court barred or Statute barred debts are those which cannot be recovered by creditors. The Limitation Act 1980 states that legal action can be taken if these debts are pursued. If you have debts that have not been recovered by your creditors in last 6 years or more, then it is deemed as statute barred debts Can a debt collection agency pursue disputed debts? Disputed debts are unapproved debts or more than 90 days old. As per the restrictions set by OFT, debt collectors cannot pursue disputed debts. It is illegal to threaten a debtor on this ground (please turn over to page 3 of 3) What are the debt collection harassment regulations in UK and Scotland? Creditors cannot harass you to recover debts in UK as well as in Scotland. In UK it is a criminal offence as stated under section 40 of the Administration of Justice Act 1970. The Office of Fair Trading and Trade Associations in UK also have published guidance of activities for creditors to ensure fair debt collection. In Scotland also creditors cannot harass debtors as stated under Protection from Harassment Act 1997 What are the laws for preventing debt collection calls? It is essential for debtors to maintain a diary of all the contact between the debt collectors and themselves. If they are calling you frequently, you need to report this to your local Trading Standards office with a diary of harassment. The Trading Standards office will take care of this matter and will issue a verbal warning or criminal prosecution against the debt collection agencies. Even the OFT can revoke their credit license What is debt collection consumer protection? Debt collection agencies are licensed under Consumer Credit Act 1974. This protects the interests of the consumers. OFT can take action against these debt collectors, if their operations are unfair. Even their credit license can be seized How to deal with debts that have not been acknowledged? You can write a letter to creditor that the debts haven’t been acknowledged since 6 years. Under section 5 of the Limitation Act 1980, creditor has no right to take any action against you. It is important that you mention about the OFT rules that deems it unfair to pursue statute barred debts. Nevertheless, if you are pestered, you can complain to OFT How to prosecute a debt collection agency? When you receive a call or a letter from a debt collector, write back to them for the original credit agreement. They are legally obliged to send you a copy. If they do not and still contact you, report this to OFT. The OFT will take strict action and ensure that you are not harassed. Often the debt collection agencies loose their credit license How to lodge a complaint against a collection agency in the UK? You can report your situation to your local Trading Standards Officer, The Office of Fair Trading and OFCOM. Well, OFT has a complaint form where you can lodge your complaint against debt collectors in UK. You can get in touch with OFT with your complaints and queries at: Call: 08457 22 44 99 E-mail: enquiries@oft.gsi/gov.uk Address: Enquiries Centre Office of Fair Trading London EC4B 4AH top I look forward to your reply. Yours faithfully Mr. LETTER NUMBER 2: Dear Sir/Miss, I refer to your recent communication dated Thursday, 30 September 2010, Client Ref: ******** Our Ref: *********** As I recall in my first letter (PROOF OF WHICH I HAVE RETAINED). I specifically informed IQOR that I would not be paying this debt or any money towards it as it is a Statued Barred and Court barred debt and as such cannot be legally pursued. I also made it VERY CLEAR the OFFICE OF FAIR TRADING (OFT) GUIDELINES CONCERNING THE PURSUIT OF STATUET BARRED DEBTS WHICH CAN BE SUBJECT TO HARRASSMENT AND PROSECUTION. It is now clear that IQOR feels it is ABOVE THE LAW AND CAN CHOOSE TO DISREGARD IT. It also clear that IQOR believes that its company is not one which is REGULATED BY THE (OFT) AND CAN DISREGARD AND BREACH THERE GUIDELINES whenever it sees fit. I now feel as I have to once again state the legal position of the Statute Of Limitations Act and formal guidance and guidelines issued by the OFT in addition to DWP collection guidelines. That IQOR is specifically and MALICIOUSLY engaged in HARRASMENT PROCEDURES AGAINST ME. This will NOT be tolerated any further I have a legal right to seek that IQOR is prosecuted due to disregarding the laws regarding a Statute Barred and Court Barred Debt and harassing me further on this matter and a legal right to question IQORS fitness to hold a consumer credit license. Whereas IQOR has no legal right WHATSOEVER to take ANY action against me. For the FINAL time let me make the LEGAL position of this matter clear: 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 Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" I 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 written acknowledgment/payment of this alleged debt was clearly made over five years ago (i.e. you refer to alleged debts from 1996 and 1997) 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 Part 1 Section 6 of the above Act, I You are no longer able to take any court action against me to recover the alleged amount claimed. It does not matter if in 20 years time if I find myself unemployed or having a pension if the DWP, are then able to prove I am liable for monies allegedly owed, as the law states they can deduct monies from me in that type of situation. IQOR cannot and neither can IQOR take me to court for this alleged debt and neither can the DWP as 6 years have passed. 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” (Please turn over to page 2 of 3) Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license. It is completely apparent that you have FAILED to provide EVIDENCE of ANY ACKNOWLEDGEMENT OR PAYMENT MADE TO THIS ALLEGED DEBT WITHIN THE LIMITATION PERIOD. Furthermore I also SPECIFICALLY STATED DWP RECOVERY GUIDELINES: On the National Debt Line it states: Benefit Overpayments & Social Fund Loans The Department of Work & Pensions (DWP) has 6 years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans. In view of the above the Limitation Act does in fact apply to DWP debts and overpayments. Bearing this in mind due to time that has elapsed this IS a Statute Barred and Court Barred Debt and as such I will not be paying anything to your company. I would also point out that I DEMANDED OFFICIAL PROOF BEARING MY SIGNATURE of which you supplied NONE. All you have supplied is dates relating to alleged debts which date back to 1996 and 1997 (i.e.) 13-14 years ago. THEREFORE this alleged debt has flown way past the Statute of limitations Act and Court Barred Debt time-frame TWICE OVER. So in summary then and CONCLUSION let me make the following ABSOLUTELY CLEAR: IM NOT PAYING ANY MONEY TO YOUR COMPANY AT ANY TIME NOW OR IN THE FUTURE REGARDING A STATUET BARRED AND COURT BARRED DEBT AND NEVER WILL BE, YOU WILL NEVER RECEIVE ANY REPAYMENT PROPOSALS FROM ME AS I WILL NEVER BE PAYING ANY MONEY TO YOU. YOU LEGALLY HAVE NO RIGHT TO PURSUE ME ANY FURTHER OVER THIS SUPPOSED DEBT AND I WILL NOT BE ENGAGING IN MINDLESS WITTY LETTER BANTER WITH YOU ANY FURTHER. IF YOU ATTEMPT TO CONTACT ME ANY FURTHER OR REQUEST ANY FURTHER PAYMENTS/PROPOSALS FROM ME, I WILL VIEW THIS AS FURTHER “HARRASSMENT” I WILL BE COMPLAINING DIRECTLY TO THE OFT STATING THAT IQOR IS DIRECTLY BREACHING THERE TRADING GUIDELINES BY DEMANDING PAYMENT OF A STATUET BARRED AND COURT BARRED DEBT AND MY LOCAL TRADING STANDARDS OFFICE AND OFCOM, QUESTIONING IQORS FITNESS TO HOLD A CONSUMER CREDIT LICENCE AND LODGING A COMPLAINT OF HARRASSMENT. FURTHERMORE IF I DISCOVER IQOR HAS FURTHER BROKEN THE LAW BY ATTEMPTING TO PLACE A DEFAULT MARKER CONCERNING A 13-14 YEAR OLD STATUET BARRED DEBT ON ANY OF MY CREDIT FILES, IN RELATION TO A DWP DEBT WHICH IS NOT SUBJECT TO A CONSUMER CREDIT AGREEMENT AND THERBY IMPOSSIBLE TO DEFAULT ON, AND A STATUET BARRED DEBT WHICH CANNOT LEGALLY BE PLACED ON A CONSUMERS CREDIT (Please turn over to page 3 of 3) FILES I WILL SEEK TRADING STANDARDS SUPPORT OR THE ASSISTANCE OF MY LAWYER IN PROSECUTING IQOR FOR ADDITIONAL ANXIETY STRESS AND PSYCHOLOGICAL HARRASMENT DAMAGES, AND IT WILL BECOME MY “PERSONAL MISSION IN LIFE” TO PROSECUTE IQOR TO THE FULLEST EXTENT OF THE LAW. HAVE I MADE MYSELF CLEAR? Yours Faithfully Mr. 2/10/2010 **DW GEORGE ** COULD U REMOVE THE INITIAL DRAFTS OF THESE LETTERS LEAVING IN THESE FINAL 2 DRAFTS RUNNIN CONSECUTIVELY SO PEEPS ARNT READIN DIFFERENT VERSIONS Thanks :) |
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Blackcat
| 13-01-2011 07:41 PM |
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Joined: 13 Jan 2011 Posts: 4 | Hi spiritualone, Thanks for the use of your letters to IQor,I have sent off the 1st of your drafted letters and the phone calls have stopped, but I did not ask for a cca, is this something I should follow up with? My situation is now 16 years old,so hopefully the 'statuet barred'term will stand and these f@ckers will go away, but I stil feel like i should report them to the OFT to get my own back????? I will post the outcome of this. thanks BC |
