Statute barred debts and the Limitation Acts

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  • Tixy
    Tixy Posts: 31,455 Forumite
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    HalifaxCurtis wrote: »

    So... no mention of the matter of the debts being statue barred there....
    What should I do next? Just leave it or send a response?

    I would leave it.
    They are taking the first part of the letter first, that she has no knowledge of the debt.
    If she is unaware of any unpaid debts to these creditors then probably they are looking for someone else with the same/similar name.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Tixy wrote: »
    I would leave it.
    They are taking the first part of the letter first, that she has no knowledge of the debt.
    If she is unaware of any unpaid debts to these creditors then probably they are looking for someone else with the same/similar name.

    Seconded.

    HalifaxCurtis - if the first issue - the identity of the debtor - checks out in your girlfriend's favour, then there's no need for Lowell to even address the age of the debts as far as she is concerned.

    Sit tight.

    Regards

    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • HalifaxCurtis
    HalifaxCurtis Posts: 22 Forumite
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    Thankyou for your responses, I'll take your advice and leave it, see what happens.

    It's strange actually, because the original letters we received from Lowell, they had spelt my girlfriends middle name wrong. I didn't point this out to them, but obviously when we replied we put the correct spelling of her middle name on the top of the letter.... Then when we received the apology from them, funnily enough, they spelt her middle name correctly. (So they obviously picked up on this fact). However, they have now spelt her last name wrong haha, you just can't get the staff.
  • n4cer
    n4cer Posts: 2 Newbie
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    Received a letter from Ruthbridge saying they have took over a debt of mine
    I sent them the template from this forum regards status barred, received another letter from them saying they would halve my debt.
    Do I send them the other template letter or wait until they reply regard's first letter?
  • fermi
    fermi Posts: 40,546 Forumite
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    If it looks like they are just ignoring the SB issue then I would probably send the follow up letter.
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  • HalifaxCurtis
    HalifaxCurtis Posts: 22 Forumite
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    As above, it sounds like they're trying to ignore the SB part of your letter in the hope you'll accept the half payment. If you still owed the full amount, then surely they wouldn't just turn round and say "Oh ok then, just pay half that's fine".
    Probably wanting you to see it as a good deal and accept the debt.
  • apples05
    apples05 Posts: 2 Newbie
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    Hi folks,

    I have had numerous contacts from many different DCAs over the past 8-10 years for a Credit Card debt.

    Absolutely no payment or acknowledgement has been made to any of the DCAs in this time, but I have never sent a staute barred letter either.

    I am 100% sure that the debt is at least 8 years old and a recent letter from Restons Solicitors advises that their clients acquired the rights to it in March 2006

    Today I have received notice of a claim filed by Restons Solicitors in the County Court Business Centre.

    My question is , is it too late for me to send statute barred letter to Restons and should I respond to the claim advising that I intend to dispute as I believe the debt to be statute barred?

    I don't want to do the wrong thing and end up acknowledging the debt but I'm concerned about not responding to a Court Claim as well.

    Any advise would be much appreciated.

    Many thanks
  • fermi
    fermi Posts: 40,546 Forumite
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    You MUST respond to the claim stating that you will defend in full, and then enter a defence within the time.

    You can certainly advise them that it is statute barred, and invite them to withdraw the claim, but I would not trust them to do so or keep their word if they claim they are going to. Unless the court itself tells you the claim is withdrawn, then you defend no matter what.

    A basic statute barred defence is fairly simple worded. There are afew examples around the forum I think, or ask on a dedicated legal forum such as http://www.legalbeagles.info/forums/
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • n4cer
    n4cer Posts: 2 Newbie
    edited 18 October 2014 at 12:08PM
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    n4cer wrote: »
    Received a letter from Ruthbridge saying they have took over a debt of mine
    I sent them the template from this forum regards status barred, received another letter from them saying they would halve my debt.
    Do I send them the other template letter or wait until they reply regard's first letter?

    Thanks Fermi



    Just received another letter from Ruthbridge acknowledging my letter, they have closed the account and returned the matter to there client DLC.
    What happens next ?
  • mrT2010
    mrT2010 Posts: 4 Newbie
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    I have inherited a house with a £1000 charge from 1987 with Barclays I don't have the money to pay the debt to get the house put into my name. The charge is from such a long time ago is it possible to get this debt statute barred?
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