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Is this Statute Barred?

I have mentioned this problem before and thought it had got sorted with the help I received.

There was a credit collection agency demanding I pay them the money that I owed 9 years ago before my husband died, which along with his debts we were paying £1 a month to pay each of them off. The original company took me to court which added to the original debt, taking it to over £350 I carried on paying the £1 a month until my husband died then CBA got in touch with them to ask them to waiver it as they did with all my late husbands debts and I seem to remember they said that I still have to pay it. Which I didn't, as I think that as it was lumped with my husband's debts, it should have been waivered too.

I heard nothing for years, then about 3 years ago this company called Aktiv Kapital said they'd taken over the debt and out of the blue said I have to pay it. I got help on here, to say that as it was over 6 years ago it was statute barred.

I duly wrote them about this and they said I had a 'moral' obligation to pay - I wrote again stating that the CAB didn't even have records of the debt anymore as it was over 6 years old and that I was within my legal rights that it was statute barred.

Didn't hear anymore till last month they wrote again saying I had admitted to the debt (I hadn't) and that it was still owed. I ignored that letter, but got another letter to say they would hand it over to their external solicitors so that they may consider county court procedeedings, if I didn't offer to pay anything.

One point of fact, is that they send me these letters in my previous name as they don't know I've since remarried.

Shall I just ignore their threats? Or can they really take me to court for a debt that is over 9 years old?

Any advice would be appreciated.
Ist Win: 1 week's bed, breakfast and evening meal in Hotel in Blackpool!! :j

Comments

  • peb
    peb Posts: 1,920 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I;m not an expert on this but the point about being statute barred is that you must not have paid or acknowledged the debt for (6/7?) years. I am unsure how long it is/was since you last acknowledged or paid the debt.

    If it is statute barred they would be silly taking you to court as they would not get judgement - however DCAs are not know for their common sense.
  • RAS
    RAS Posts: 34,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SAL

    Unless we can see the letter you sent out three years ago, it is not poosiuble to comment safely on this.
    If you've have not made a mistake, you've made nothing
  • SAL-GAL53
    SAL-GAL53 Posts: 57 Forumite
    Thanks for your help.

    I had not paid any money to them since my husband's death in 1999. they first wrote to me around 2006 and thats when I wrote to them about the statute barred, but up until then I had heard nothing from them, neither had I paid any more money.

    My gut feeling is to ignore them as I think they are just trying to frighten me into paying something. :eek:
    Ist Win: 1 week's bed, breakfast and evening meal in Hotel in Blackpool!! :j
  • RAS
    RAS Posts: 34,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SAL

    Is this AK writng to you again? If so, then report them to trading Standards, the OFT etc. Read page 13 of the OFt Guidelines on debt collection which states that what is happening is unacceptable.

    i f you write to Ak, the only thing you should demand is that they undertake to remove all records of this account from their records or they will be hearing from the Information Commisioner.
    If you've have not made a mistake, you've made nothing
  • I received yet another letter from these people yesterday saying I had defaulted on the arrangement to pay by installments because I had ignored their letters and also that they were adding all accrued interest to the balance!!
    Seeing that I had never agreed to pay them anything but only ever sent them the 'statute barred' letters they are lying through their teeth!

    Anyways I phoned up the National Debtline who were very helpful and told me to send by recorded delivery another statute barred letter and saying that it's harrassment on their part to persue me after 9 years. They said that if I hear further from them still pursuing it then they will take matters in hand on my behalf.

    So that's what I'm going to do - I'll keep you updated on what happens!

    Sal xx
    Ist Win: 1 week's bed, breakfast and evening meal in Hotel in Blackpool!! :j
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