is my debt definately statute barred?

rog2

jewell32 wrote: »

the scottcall debt collector just knocked my door expecting her weekly money, instead i handed her the letter you advised me to give [also sent one to head office }!!!!
her face was a picture she claimed she had never heard of a statute barred debt!!!! and all people in debt should pay off their debts, i went into overdrive explaining the statute debt and that i think its disgusting that they prey on people that aren't knowledgable about it, and how misleading she was in the beginning , she had nothing to say but "allright then" and went back off to her car!!!! i felt great....but we will see what happens next!!!
thankyou again

If they continue to pursue this unenforceable debt then you MUST report them to Trading Standards and the OFT.

I somehow doubt that they will accept defeat graciously, but great result. :T

jewell32

hi all, had a letter from scottcall todaythey are trying to suggest that as i have been making payments to scottcall then the debt is no longer statute barred!!!!
this is exactly what the letter said:

opening balance:445.55
paid to date:230.00
outstanding balance:215.55

"i write in response to your recent correspondence and note your comments therein.

please be advised that as you state, in order for a debt to be statute barred 2the last correspondence/aknowledgement of payment of this debt would require to have had a time lapse of 6 years"

as you have been paying this account scince 28/07/08, this cannot be classed as statute barred as regular payments have been made."

as i said before this is a debt of 9 or more years ago and the first correspondence i had from it was when scottcall knocked my door last july and said if i dont pay then i would be going to court!!
so have i really started the 6 year timer off again?
i'm getting confused please help, all your help is so much appreciated.

fermi

jewell32 wrote: »

so have i really started the 6 year timer off again?
i'm getting confused please help, all your help is so much appreciated.

Nope. Once a debt is statute barred, it remains that way.

Making payments etc after the 6 years has gone by does NOT re-start the clock.

shayshay

RAS wrote: »

Incorrect. If a debt is statute barred it remains statute barred for ever and a day, even if you start making payments.

What is more complex is that the debt still exist and the creditor can still ask you to pay, until such time as you tell them you are not coughing up any more.

SB letter coming up.

Interesting.......my sister has a DCA chasing here for a 10 monthly payment for a debt she has no idea what its for. She has debts so was railroaded into paying the £10 a month for approx 2 years. still £400+ to go but wasn't until I started helping her that she asked them what it was for and has sent a letter for the CCA to which they claim because she has paid money already it doesn't matter but she is quite gullible so I can well believe she was railroaded into making an arrangement. Had differing bits of advice from two debt helplines as to where she stands.

Must add that this is a debt which is apparently only 3 years old so the 6 year rule wouldn't apply on this one.

rog2

shayshay wrote: »

Interesting.......my sister has a DCA chasing here for a 10 monthly payment for a debt she has no idea what its for. She has debts so was railroaded into paying the £10 a month for approx 2 years. still £400+ to go but wasn't until I started helping her that she asked them what it was for and has sent a letter for the CCA to which they claim because she has paid money already it doesn't matter but she is quite gullible so I can well believe she was railroaded into making an arrangement. Had differing bits of advice from two debt helplines as to where she stands.

Not only should the dca have initially told her what the 'debt' was for, ss, but they are now, having failed to provide a cca, in default and, legally, unable to enforce the debt, anyway.
I am surprised that your sister is still paying them.

jewell32

thank you Fermi, i will send the second letter first thing....thanks again

fermi

jewell32 wrote: »

thank you Fermi, i will send the second letter first thing....thanks again

OK. May be an idea to tweak the letter a little to reflect what you have said has happened.

But it is statute barred whether they like it or not.

the_pazza

just an update about my statute barred debt.. i sent another letter to the dca, warning them that the debt is statute barred and i will be reporting them if they contact me again.. i received a reply from them today insisting the debt isn't statute barred as my account wasn't cancelled til july 2003 and that counts as a course of action, they even suggested i take legal advice on this!
should i now go to trading standards or would i best going to see a solicitor first?
any advice would be appreciated.
thanks, Mark

the_pazza

update:
i contacted trading standards re this matter and they weren't very helpful and just gave me a phone number for the CLA, does anyone have any idea's of what i should do next?
many thanks, Mark

LilacPixie

contatc OFT