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    • MoodyMel
    • By MoodyMel 10th Mar 17, 3:36 PM
    • 138Posts
    • 293Thanks
    MoodyMel
    Contacting original company before statute barred
    • #1
    • 10th Mar 17, 3:36 PM
    Contacting original company before statute barred 10th Mar 17 at 3:36 PM
    Hi,

    If we were to contact a bank to confirm when we took out an overdraft would that stop our ability to declare the debt statute barred?

    The debt was sold on to Robinson Way in 2015. We can't remember the exact date we took it out but it was around 2008/2009, hence why we want to contact them to ask!

    Thanks MM x
Page 1
    • sourcrates
    • By sourcrates 10th Mar 17, 4:07 PM
    • 9,825 Posts
    • 9,614 Thanks
    sourcrates
    • #2
    • 10th Mar 17, 4:07 PM
    • #2
    • 10th Mar 17, 4:07 PM
    Hi,

    Well from your post the account would of been statute barred sometime last year.

    You dont need to prove exact dates, its up to those chasing the debt to prove it isn't statute barred, not up to you to prove it is.

    Send them the Statute barred letter and let them do all the legwork, you dont need to get any details from your original creditor.
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    • MoodyMel
    • By MoodyMel 10th Mar 17, 4:41 PM
    • 138 Posts
    • 293 Thanks
    MoodyMel
    • #3
    • 10th Mar 17, 4:41 PM
    • #3
    • 10th Mar 17, 4:41 PM
    Hi,

    Well from your post the account would of been statute barred sometime last year.

    You don't need to prove exact dates, its up to those chasing the debt to prove it isn't statute barred, not up to you to prove it is.

    Send them the Statute barred letter and let them do all the legwork, you dont need to get any details from your original creditor.
    Originally posted by sourcrates
    Ah brilliant thank you.

    I thought we had to prove when we last made contact etc..

    This will bring our debt amount down by a bit of a chunk
    • fatbelly
    • By fatbelly 10th Mar 17, 5:22 PM
    • 10,468 Posts
    • 7,813 Thanks
    fatbelly
    • #4
    • 10th Mar 17, 5:22 PM
    • #4
    • 10th Mar 17, 5:22 PM
    The six-year period runs from the 'cause of action' or, if payments or written acknowledgements were subsequently made, six years from the date of the last acknowledgement. With an overdraft that 'cause of action' is held to be when the bank calls in the overdraft.

    I wouldn't be stirring anything up at this point by sending anything. If you have checked your credit file, is the debt listed and is there a default date mentioned?

    On what date did you last make a payment to it or acknowledge it in writing?

    To be safe you really need to be six years past both of those dates
    • MoodyMel
    • By MoodyMel 10th Mar 17, 5:52 PM
    • 138 Posts
    • 293 Thanks
    MoodyMel
    • #5
    • 10th Mar 17, 5:52 PM
    • #5
    • 10th Mar 17, 5:52 PM
    The six-year period runs from the 'cause of action' or, if payments or written acknowledgements were subsequently made, six years from the date of the last acknowledgement. With an overdraft that 'cause of action' is held to be when the bank calls in the overdraft.

    I wouldn't be stirring anything up at this point by sending anything. If you have checked your credit file, is the debt listed and is there a default date mentioned?

    On what date did you last make a payment to it or acknowledge it in writing?

    To be safe you really need to be six years past both of those dates
    Originally posted by fatbelly

    Thank you.

    It is a student account with a £1500 student overdraft. We opened the account, withdrew the money for a car (which we no longer have) and then never used the account. My husband then left university halfway through his 2nd year and since then we have been in and out of work/studying etc so never had enough money to ever put anything in there to start paying it back.

    From the day we opened it we have not used the account or had any contact with the bank.

    As he opened it in his 1st year, they probably wouldn't call it in until the 3rd year had passed, which would have been maybe the summer of 2011.
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