News0 min ago
Disputed Debt
I left a company as a self employed adviser December 2005. Some months after leaving I received a letter from the director informing me that I owed his company monies from overpayments received etc. After disputing the amount which increased everytime he wrote to me I agreed to pay just over �10,000 which I agreed was correct. I disputed �4,000 he claimed I owed and offered to have an independant audit which he refused. This dispute has contined to date and since leaving this company I have received numerious calls from a debt collection agency both at home and work. On a number of occassions received threats that I would be made bankrupt. To date, I have received 4 petitions for bankruptcy, one of them being total inval;id as it had the incorrect amount he claimed I owed, as well as the notice not being signed by a solicitor. I am expecting another notice to file for bankruptcy at christmas as he is very seasonal and has sent a notice just befor the last two christmas's. I have employed the services of a solicitor who as sent letters to the debt collection company advising them I disputed the amount of monies owed and have paid what I agreed was owed,however, this has still not been resolved, I have now dispenced with the solicitor as it has cost me over half the amount disputed as outstanding. I have never received a summons to appear at court dispite the numerous threats and notice's of intention to file for bankruptcy. My queries is do I have any rights as this director will continue to harras me for monies I do not owe. Can he contiue to threaten me indefinatly. Is ther a time limit involved whereby the matter has to be resolved and thereafter, he can not seek to claim monies he advises I owe, (which I don't).
Thank You.
Thank You.
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The Statute of Limitations probably applies & is that the debt cannot be enforced in Court if 6 years have passed since any payment was made or the debt was acknowledged. however, this does not mean that the debt ceases to exist at that stage - only that any Court action will be thrown out if the judge is satisfied it is statute barred.
It rather seems as if your mistake was to pay the �10K without getting a written confirmation that it was in full and final settlement of all liabilities. However, that's water under the bridge & doesn't help you now!
I don't know whether there is anything else you can do by way of getting an injunction or starting action under harassment legislation. To do either I think you would need a solicitor - and yet more costs.
It rather seems as if your mistake was to pay the �10K without getting a written confirmation that it was in full and final settlement of all liabilities. However, that's water under the bridge & doesn't help you now!
I don't know whether there is anything else you can do by way of getting an injunction or starting action under harassment legislation. To do either I think you would need a solicitor - and yet more costs.
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