Statute barred debts and the Limitation Acts

FOURCANDLES_2 · 18 March 2011 at 5:02PM

Just a quick question
When or if you are taken to court do they the person suing you for the debt have to prove the debt is not statu barred and provide all of the relevant paper work retaining to the debt before court action is taken against you??, or do they just provide basic forms saying they are owed the money.

Tixy · 18 March 2011 at 5:46PM

Its possible for them to get a CCJ against you if you do not file a defence to say a debt is statute barred, so by default they wouldn't need to actually provide anything to the court.

If you file a defence to say it was SB then they would have to provide evidence that it wasn't.

Not sure if that answers your question or not?

Elwood.Balboa · 19 March 2011 at 9:23AM

Tixy wrote: »

Hi - are you in england?

Do you think there was a period of 6years between when you originally stopped paying and when you made the 2 payments years later? If so then CABs advice might have been because your debt was already statute barred before you made those payments.
Once a debt becomes SB then making later payments won't change this, so you could still send the original letter.

However once a debt becomes SB it does still exist (they just can't take action against you) -so any payments made 'by accident' to a SB debt would not be refunded.

Hi, Thanks, I am in England, and yes I think there must've been a six year gap. I thought that just as I posted, I will send the letter, I am not bothered about the debt still existing as long as they leave me alone, they shouldn't have given me that credit card anyway, I was only 17.

fermi · 19 March 2011 at 9:32AM

Elwood.Balboa wrote: »

Hi, Thanks, I am in England, and yes I think there must've been a six year gap.

There is a slightly modified letter to make that point.

http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

hubster36 · 28 May 2011 at 2:14PM

hi all, i took car finance out with welcome in 2002, last payment or acknowledement from me was jan 2003, but had letters from hfo in 2006 2007. and now 2011 saying i must pay.. i sent a letter which i co[pied from this site saying its sttued barred.. they wrote back today saying its not statue barred as it was defaulted on my credit file in 2006. and they have wrote to me in 2006 2007 and 2011. making it non statue barred. where do i stand is it barred or not or shall i go to cab in uk. many thanks

Tixy · 5 January 2012 at 1:32PM

BUMPing...

GFG · 7 January 2012 at 10:09PM

Thank you so much for this thread, I have followed it to the letter for a company called Robinson Way who have now invented a payment of £1 made less than six years ago to try to con me in to paying.

Do you have a form letter I can use in these circumstances, or do I now escalate it up to OFT?

Thanks in anticipation.

fermi · 7 January 2012 at 10:32PM

Similar situation here:

http://forums.moneysavingexpert.com/showthread.php?p=49347519#post49347519

You could adapt one of the previous letters to do something similar.

Similar also here:

http://forums.moneysavingexpert.com/showthread.php?p=49347519#post49347519

That is demand proof of acknowledgement not payment, but the principle is the same.

So you can probably work in that:

- You dispute utterly the alleged payment, and demand that they provide proof of any payment that they would seek to rely on in court.
- In addition in line with pre-action protocols on seeking a resolution prior to legal action, you require disclosure of a copy of the proof of payment that they will be relying on in court.
- Failure to take reasonable steps to resolve the dispute at this stage by providing this proof will be brought to the attention of the court.
- Any failure or refusal to provide evidence of any payment, will also be forwarded with a complaint to the OFT and trading standards.
- Should they persist in claiming a fictitious payment, then not only will you will report them to the OFT and trading standards, you will consider informing the police that they are attempting to obtain monies by false representation.
- Remind them that the timescale for responding to your complaint still applies, and that you will take the issue to the FOS when the 8 weeks from your original complaint is up.

GFG · 7 January 2012 at 10:46PM

Thank you so much, I think I can also use something similar for Arvato who are currently taking the stance that they don't need to supply me with information on why they are chasing me as my debt isn't governed by the CCA 1974. They've missed the point: the company they have bought the debt from isn't somebody I have any dealings with!

ThinkingOfLinking · 1 February 2012 at 4:10PM

Can I just ask, if the alleged debts were accrued in England/Wales but you now live in Scotland, or vice versa, would it be 5 years or 6 until they're statute barred? Thanks in advance for your help on this. And for the record, the debts in question genuinely are not mine.

Statute barred debts and the Limitation Acts

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