Statute Barred debt advice please

lucylocket35

Firstly may I just take this oportunity to say Hi, as this is my first post! I have been receiving Martin's emails for some time, but never actually been on the boards.

I wanted to ask for advice on statute barred debts.

I have read a little bit about it just recently, but I'm not sure where I stand with my personal circumstances.

I have a debt of £1094 with RBS, which is being chased by 1st Credit. I struggled with payments for some time, being late, not paying the minimum etc, and I think I got an arrangement with them. This was all going back before 2003. In 2003 I met a guy, sold my house, and moved away and was advised by said guy that I could walk away from my debts. Being a gullible young(er!) lady I believed him. We moved around a bit (all rented) and in each of our new homes he would not let me get on the electoral register, or apply for a new bank account etc. I now know why! The guy was a waste of space and I ditched him and found someone new. I moved address again (still rented) and got on the electoral register, got a new bank account, and got a "beginners" credit card. I have been chased by 1st credit since then, just with letters. They don't know my number (thankfully!).

Now, I have read that after 6 years, under statute barred laws they cannot legally chase you for debts. But if you acknowledge the debt the 6 years starts from fresh.

I don't think its quite 6 years since I last made a payment or made any written correspondence, but not far off. I did have a conversation with someone from 1st credit on the phone about 3-4 years ago when they threatened me with bankrupcy. I think they thought I was a home owner. I rang and told them I was not a home owner and they would get nothing from making me bankrupt.

The last letter I had from 1st Credit was one dated 13/10/08 that read "we are able to offer you a generous discount if you settle your account by a mutually agreed full and final settlement payment". They were asking me to respond in writing with an offer. I was tempted to offer them something silly like £200, but in light of what I know about statute barred, I'm glad I did nothing!

I did wonder whether they knew my debt was coming up to the 6 year limit and trying to trick me into starting the 6 years again, or whether because of the credit crunch they are just trying to pull in as much as possible.

I must dig out some paperwork on this debt and check the dates, see how close I am to the 6 year thing.

I know this has been a long and rambling post (I'm a long and rambly kind of a person IRL too!!) but after all that drivel, what I would really like to know is - is my phone call with 1st Credit classed as acknowledging the debt?

Thanks in advance for any advice anyone could offer.

Jayne

RAS

lucylocket35 wrote: »

I did wonder whether they knew my debt was coming up to the 6 year limit and trying to trick me into starting the 6 years again, or whether because of the credit crunch they are just trying to pull in as much as possible.

knowing 1st crudit, both will be motivating them. They want your money before you give it to anyone else and they want re-establish your liability.