six year limitation query?

Caryne

I had a loan in 2001 that I thought had been paid off. I received a letter last month from Robinson Way saying I still owed just over £700 on it. They produced the agreement from 2001. I sent them the standard letter regarding the debt being over six years old and unenforceable. They have written back today saying the last payment was made in September 2003 and therefore the act does not apply (presumably as they first wrote to me last month in August). Where do I stand legally on this? Have they got me by one month or, as I still did not acknowlege or pay the debt, am I covered by the six year limitation?

Sorry if this has been covered before but I couldn't find an answer here.

Bertram_2

Did they just write that line in a letter , that you paid in Sept 2003 ? No statement of account , anything like that ? If it's just in some letter, it is not the evidence of payment or acknowledgement you asked for . You don't want to pay or acknowledge anything at this stage if you did pay in sept 03, you become statute barred oct 09, next month . You don't want to mess up at the very last .

So , carry on not acknowledging, certainly make no payments , not a single penny . Do not talk to them on the phone, do not answer security questions . Make sure everything you write has ' I do not acknowledge any debt to your company ' on it, underlined and in bold . Don't sign anything .

Any letters they write you about it , if its in August (or any month) before the statute barred status comes into effect , or anytime after , doesn't affect it one iota . Only written confirmation from you or a payment will reset it.

pie81

The six years runs from the time that you breached the contract, i.e. the time that payment was due and you missed the payment. so the question is not when was the last payment made, it's when was the last missed payment due.
when was the last missed payment due do you know?

Caryne

The actual letter reads:

"Further to your recent letter, the last payment received for this account was for £5.00 in September 2003. Copies of your statement and agreement were also sent to you earlier this month. The Limitations Act does not apply. Please send your payment proposal, by return."



I have not admited the debt and the statement copies they sent me looked like something they had knocked up just saying I hadn't paid anything for the last 12 months. I suspect they are trying their luck but I don't want to be caught out. They have not sent any proof of when the last payment was made. I am just wondering what to do next.

Caryne

pie81 wrote: »

The six years runs from the time that you breached the contract, i.e. the time that payment was due and you missed the payment. so the question is not when was the last payment made, it's when was the last missed payment due.
when was the last missed payment due do you know?

All I know was they claim, with no proof sent to me yet, that the last payment was made in September 2003. I actually thought I'd paid this debt (as I paid several off around that time) but I guess it could be one I overlooked.

pie81

Well, I'm not sure there is much you can do at this point that will make a difference.

They will know whether the debt is time barred or not. If it is not then they will probably issue court proceedings to make sure they get in before the 6 years runs out. If it is then they will (eventually) go away.

If I were you I would ask them for more information - ask for full details of the payment history including all payments made and payments missed. That should help tell you (a) whether this is one you missed paying off or not (check their history against your own bank records if you can) and (b) when was the last missed payment, that is when the 6 years run from.

Bertram_2

What does the agreement look like ? It has all the prescribed conditions on it ?
Are there any illegal charges on the account ?

Caryne

Bertram wrote: »

What does the agreement look like ? It has all the prescribed conditions on it ?
Are there any illegal charges on the account ?

It's just the credit card agreement I signed with Capital One in 2001. I have no idea of any charges they added to it so no idea if they are illegal or not.

GeorgeUK

How would you have made this payment?

Would it be through the bank? If so you may be able to get the details from a subject access request (cost £10)