Robinson Way Statute Barred Debt?

rosa77

Hi, Unfortunately I'm back again. It seems from info provided to me that I actually made a payment of £50 almost six years ago to another debt collection agent about this debt. I really don't remember doing this, but I suppose it is possible. The payment was made on 1/10/2003, so by my reckoning, in another month it will be statute barred. Am I right in this? If so, I can happily dodge them until then. They have stated in their letter that they will stop the phone calls, and this seems to have worked. No doubt I will now be bombarded with letters etc. Can anyone advise me what to do?

rog2

rosa77 wrote: »

It seems from info provided to me that I actually made a payment of £50 almost six years ago to another debt collection agent about this debt. I really don't remember doing this, but I suppose it is possible. The payment was made on 1/10/2003, so by my reckoning, in another month it will be statute barred. Am I right in this? If so, I can happily dodge them until then. They have stated in their letter that they will stop the phone calls, and this seems to have worked.

Was it actual documented proof, Rosa?

rosa77

Hi, Well it was a printed statement showing all my payments, which looked right!

Jesthar

rosa77 wrote: »

Hi, Well it was a printed statement showing all my payments, which looked right!

Hmm, a printed statement of what kind, exactly? Does it match up with your own bank records? DCAs aren't always above forging 'evidence' sometimes, so never take THEIR word for it!

Besides, if it's a Credit Card debt, even if it isn't quite Statute Barred you can still CCA them...

~Jes

rosa77

Hi, I looked at the statement and it was actually provided by the financial institution (M&S), not the debt collection agency. I don't understand the CCA thing - I'm sure there's lots of threads on it, so I will take a look. Do you think I can get away with it for another month??

Jesthar

You should still check your own records just in case; never take ANYTHING a DCA tells you at face value!

A CCA request is a formal challenge to them to prove that they have the correct paperwork required to allow them to legally collect this debt from you. They basically have to be able to supply you with a true copy of a valid Counsumer Credit Agreement (CCA), or they have no legal right to demand any payment towards they debt until they can provide a copy of the CCA AND go to court to get the debt reactivated. Needless to say, for older debts, most of them can't produce a valid CCA!

It costs £1 (usually paid by postal order to avoid giveing them any correspondence with a signature on it, as sample signatures can be used for forging purposes too), plus the cost of sending a letter recorded delivery (so they can't deny receiving it and you have proof of when they got it), and they have 12+2 working days to reply with a valid CCA. If they can't provide one, the account is formally 'in dispute', and cannot be collected on.

~Jes

rosa77

Hi, I just checked the paperwork they sent me and it appears to include a copy of my original signed agreement with them dated about 10 years ago, which is when I applied for the credit. Presume that's why they sent it - to prove they've got it and to avoid me stalling them for a while. Guess I'll just try dodging them and hope that nothing bad happens during September.

Jesthar

rosa77 wrote: »

Hi, I just checked the paperwork they sent me and it appears to include a copy of my original signed agreement with them dated about 10 years ago, which is when I applied for the credit. Presume that's why they sent it - to prove they've got it and to avoid me stalling them for a while. Guess I'll just try dodging them and hope that nothing bad happens during September.

It actually has your signature on it? You might want to scan this if you can, black out your personal details, and post it into the CCA request thread - just because they have provided something, doen't mean it's valid.

~Jes

Bertram_2

Just keep the debt in dispute for the duration . They cannot action the debt whilst it is in dispute . It will become statute barred 6 years after the 21 days after interest became due on the account that you failed to pay . So thats the first installment you failed to pay , plus 21 days . So you missed the payment date in 11/03 whatever day that fell on , then 21 days on top will probably take you into december somewhere on a date we can't determine exactly . But , the 22nd of Dec 2010 you will be ok ( going by worst case scenario of the interest due for payment was on the last day of november, plus one day over the 21 days to be sure ). So, up to the 21st of nov 09 , you are not statute barred , 22nd Nov till 21st dec 09 you may or may not be statute barred , 22nd dec on , you are statute barred . Of course , even statute barred debts are fair game to robinson way and they will tell you it is not statute barred because they phoned you up or sent a letter or some other nonsense . In the real world, it is irrelevant as regards the statute of limitations , but bona fide and applicable in the pseudo-world of Robinson way . So be prepared to fight them even after it becomes statute barred . Which will mean complaints to the OFT and lodging formal complaints against the company with the likelihood of it going to the FOS .

Make sure all your correspondence reads ' I do not acknowledge this debt' . You do not want to be caught out at such a late stage . Make sure, if you request a cca that you make it clear that the £1 is for that purpose. You do not want them putting the £1 on your account and calling that payment towards . If I were you , I'd maybe find another way of putting it in dispute without the cca , for the short term . Maybe ask for a copy of the notice of assignment or statement of account or notice of fair processing . Or send a standard prove it letter to tie them up for a bit . You' should' by rights be safe sending a cca request , but some companies might lose the accompanying letter and thank you for your £1 towards the account, ending your 6 year period . If you do do a cca request , use a postal order that the letter refers too, thus losing the letter will not enable them to determine which account they can add it onto , they must admit to having both if they add the £1 to your account , thus admittance they have received it as statutory fee towards cca request . Photocopy this letter and the PO too , and keep a copy. But i would probably avoid the cca and use other ways to keep it in dispute with such a short time remaining .

Bertram_2

But , the 22nd of Dec 2010 you will be ok ( going by worst case scenario of the interest due for payment was on the last day of november, plus one day over the 21 days to be sure ).

Sorry , this should say 2009 . Do not put any reference information on the postal order if you choose to ask for a cca , ie name or account number . Refer only to the payment (postal order number) in the accompanying letter . If you wish , maybe write something towards 'statutory payment (s)78 of consumer credit act ' on it .