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Debt that defaulted in December 2002

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Comments

  • RAS
    RAS Posts: 36,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    skylight wrote: »
    She has contacted them so the statute barred cannot work now - even though no payments have been made.

    Sorry this is wrong.

    1. The acknowledgement has to be IN WRITING, so if she has only contacted them by phone, then it could be statute barred as long as she has not made the payment.

    2. If the debt was defaulted in December 2002, the last payment would have been some time prior to this. It may therefore have become statute barred prior to September 2008.
    If you've have not made a mistake, you've made nothing
  • *Dee*
    *Dee* Posts: 302 Forumite
    Thanks RAS, im going to my mums tonight after work and i will check everything.

    Dee
    xx
  • RAS
    RAS Posts: 36,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Oh

    Just to add that if the debt has become statute barred any time, it remains statute barred even if she has made a payment.
    If you've have not made a mistake, you've made nothing
  • *Dee*
    *Dee* Posts: 302 Forumite
    Just a quick update, the debt has been passed to Mercers. My mum hasnt paid anything yet and i am going to send the CCA letter and a cheque for a pound tonight.

    Dee
  • Hi Dee,

    If you're dealing with a debt collecting agency DON'T send a cheque-send a postal order payable to them. Also DON't sign the letter-don't give them anything with your signature on it so they can't get creative as has been alleged by others. Just print your name.

    Send the request recorded delivery as well.

    Are you sure you don't want to go down the statute barred route by sending the standard 'bogoff' letter? If you want to try this I'll gladly supply a link for one.
  • *Dee*
    *Dee* Posts: 302 Forumite
    Hi Shinyhead,

    When i asked them when the debt had defaulted they said the last payment Abound had received was in December 2002 so im not sure if it is satue barred.

    Thanks for letting me know about the postal order too hadnt thought of them being crafty!! Well im off to the post office at lunch time then!

    Dee
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