Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • 2004arron
    • By 2004arron 2nd Dec 17, 8:44 AM
    • 36Posts
    • 4Thanks
    2004arron
    Statue barred response letter
    • #1
    • 2nd Dec 17, 8:44 AM
    Statue barred response letter 2nd Dec 17 at 8:44 AM
    Hi everyone.
    I submitted a PROVE IT letter to ROBINSON WAY for an unclear debt I have in my name.
    I firstly requested all information attaining to this account.

    I then kept receiving payment letters and forms to fill in so they can means test me.

    I then sent them a statue barred letter informing them the debt is unenforceable.

    The response was. The last payment in the account was 26 October 2011 and they consider account NOT TO BE statue barred and offered a default date of 15.08.12.

    I called them yesterday for answers as I know the last cause of action was via the last payment. Also no acknowledgement has been made after October 2011.

    They have again requested all documents from the original creditor.

    They also informed me that other factors may have instigated this date change (they couldn’t explain what these were)

    Can anyone please shed some light onto this for me? Thanks
Page 1
    • fatbelly
    • By fatbelly 3rd Dec 17, 8:31 AM
    • 11,653 Posts
    • 8,788 Thanks
    fatbelly
    • #2
    • 3rd Dec 17, 8:31 AM
    • #2
    • 3rd Dec 17, 8:31 AM
    Hi everyone.
    I submitted a PROVE IT letter to ROBINSON WAY for an unclear debt I have in my name.
    I firstly requested all information attaining to this account.

    I then kept receiving payment letters and forms to fill in so they can means test me.

    I then sent them a statue barred letter informing them the debt is unenforceable.

    The response was. The last payment in the account was 26 October 2011 and they consider account NOT TO BE statue barred and offered a default date of 15.08.12.

    I called them yesterday for answers as I know the last cause of action was via the last payment. Also no acknowledgement has been made after October 2011.

    They have again requested all documents from the original creditor.

    They also informed me that other factors may have instigated this date change (they couldn’t explain what these were)

    Can anyone please shed some light onto this for me? Thanks
    Originally posted by 2004arron
    It's really for them to explain, rather than for us to speculate.

    However, a prove-it is not an acknowledgement and anything you say verbally does not count. So the debt remains unacknowledged and they have six years from the cause of action to commence a court claim.

    If the last payment was a payment under contract then the contract terms were not breached (and there was no cause of action) until you missed a payment, maybe in November 2011. To me it looks like their arguments will now be rapidly weakening but they may still try to use the default date as a cause of action, a tactic which has been defeated at county court level, but equally has also worked if weakly defended and/or useless judge.

    Edit: it would help if you knew what type of debt this was. For instance, the cause of action for an overdraft could be many months after the final payment.
    Last edited by fatbelly; 03-12-2017 at 8:37 AM.
    • sourcrates
    • By sourcrates 3rd Dec 17, 12:12 PM
    • 12,723 Posts
    • 12,064 Thanks
    sourcrates
    • #3
    • 3rd Dec 17, 12:12 PM
    • #3
    • 3rd Dec 17, 12:12 PM
    Hi everyone.
    I submitted a PROVE IT letter to ROBINSON WAY for an unclear debt I have in my name.
    I firstly requested all information attaining to this account.

    I then kept receiving payment letters and forms to fill in so they can means test me.

    I then sent them a statue barred letter informing them the debt is unenforceable.

    The response was. The last payment in the account was 26 October 2011 and they consider account NOT TO BE statue barred and offered a default date of 15.08.12.

    I called them yesterday for answers as I know the last cause of action was via the last payment. Also no acknowledgement has been made after October 2011.

    They have again requested all documents from the original creditor.

    They also informed me that other factors may have instigated this date change (they couldn’t explain what these were)

    Can anyone please shed some light onto this for me? Thanks
    Originally posted by 2004arron
    The onus is on the creditor/DCA to prove your liability one way or another.

    We could speculate on the different serarios, but that wouldn't really help you.

    Wait and see what light is shed by the original creditor on things, and take it from there.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,971Posts Today

7,199Users online

Martin's Twitter