Question about Limitation period

Shoastone · 16 November 2017 at 2:53PM

Hi all,

I have a debt collector chasing me for an old debt. I was given some terrible advice a few years ago and entered into an IVA, when I should have gone bankrupt (no assets or savings). The IVA was completely unaffordable for me and I ended up having to borrow money to eat every month.
The IVA subsequently failed. The last payment I made was around 7 years ago. I have heard nothing from anyone since. Now this debt collector has appeared and is claiming there is a payment on the file TWO years after my last payment? Is it possible the debt management company held on to my money for that long and then made a payment? If this was the case does it count as a payment from me in regards to resetting the limitation period?

Thanks!

StopIt · 16 November 2017 at 3:38PM

If the payments are genuine, yes, that would count as resetting the limitations period as the debt management company were acting on your behalf.

It's not unheard of for payments to magically appear with statute barred debts. Only to no longer exist when you challenge them.

Send a statute barred letter: https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx

Add a bit to address these payments and say you do not recognise them, and require proof that these payments were made.

If they were, then the clock for enforcement will be 6 years after this payment.

Shoastone · 16 November 2017 at 5:48PM

Really? This is supposedly a one off payment 2 YEARS after the IVA failed. I phoned the debt management company at the time, told them I could not afford what they had sold me and haven't paid them a penny since.
It's infuriating to think that the same company that mis-sold me an IVA can have made a payment to my creditors 2 years after my final payment to themselves.

My credit rating is finally getting back to normal, 7 long years after the IVA failed. I cant go back to square one again. There is no way I'm paying these people. If they managed to get a CCJ against me that's my rating ruined for another 6 years and I'll be paying them forever till it's paid off. I may as well file for bankruptcy if that happens :mad:

I've asked for proof, so I'll see what they come back with.

cheesedoffwithdebt · 17 November 2017 at 10:02AM

I very much doubt payments were made at the time they allege. If the debt company had delayed paying after two years I believe they are in breach of FCA client money regulations . I think you need legal advice on this one but appreciate that's costly . Check out citizens advice or some solicitors will offer a free initial consultation ?

fermi · 17 November 2017 at 10:12AM

Do they state that it was you or the IVA company that made the alleged payment?

Shoastone · 17 November 2017 at 11:56AM

Thank you for the replies, I really appreciate the input. This is very stressful 😔

Fermi, First of all they said it was me that made a payment, now they have changed it to a payment was made. I used template letter from you to send them when they first contacted me, so thank you for that 😊

fermi · 17 November 2017 at 12:01PM

Maybe adapt a bit this?

http://forums.moneysavingexpert.com/showpost.php?p=63293669&postcount=8

Shoastone · 17 November 2017 at 12:19PM

Sorry, I should also mention that the first I heard of this was a letter from the court at the beginning of October, saying they were trying to obtain a CCJ for the original debt. I have never heard of the solicitors or their client before. I submitted my defence that the debt was statute barred and now I am in contact with the solicitors via email.
They are trying to get me to agree to monthly installments, but I am sticking to my guns, denying owing their client money and that the original debt is statute barred.

fermi · 17 November 2017 at 12:25PM

For actually arguing this in a court claim, this forum is excellent:

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Shoastone · 17 November 2017 at 12:32PM

Thanks Fermi, that's actually the exact template letter I sent them last week!
They just ignored most of it, but said they will get proof from their client and get back to me.

fermi · 17 November 2017 at 12:34PM

Well, if if they have actually started a court claim, you may need to use more legal requests to do this sort of thing, instead of normal letters. Hence my link to the legal forum.

Question about Limitation period

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