HELP! re statute barred debt

anotherbradley

I haven't used this before so I'm sorry if I have done this wrong but I need some help quite quickly!
My husband has recently told me about a letter he received a while ago from 'Telogram' saying that they needed to establish that he was the same person who lived at a previous address. There was no specific mention of why they needed this. He called and was told that they were working on behalf of CapQuest Debt Recovery and that he owed them around £1800 from a very old debt they purchased from Abbey National. They told him that if he paid £50 straight away and £500 by the 14th October that the debt could be settled. Unfortunately my husband was rather shell-shocked by this and paid the £50.
Does anyone know if this still counts as acknowledging the debt? The debt was from an old overdraft from over 10 years ago. I guess that if he hadn't paid the £50 he could use the statute barred debt thing. Is this the case?
I would really appreciate any advice on this, the 2nd letter says that if he doesn't pay the £500 by the 14th then they'll come after him for the full £1800. I don't know what to do and as the money-person in our house it has kind of fallen in my lap!

Tixy

If there has been a period off 6years where there was no payment (or acknowlegdement) then the debt is statute barred. Even though he made a repayment recently this does not reset the clock.
Once statute barred, always statute barred (ignore the creditor if they try to imply this is not the case).

So you can send the statute barred letter.

Tixy

http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

Here is a link

RAS

Hi

If there was a full 6 years between when your OH made the £50 payment and the last previous payment, then the debt remains statute barred, unless there is a CCJ outstanding. Once statute barred, always statute barred.

that is assuming you are not in Scotalnd where the time limit is 5 years.

woody01

Tixy wrote: »

If there has been a period off 6years where there was no payment (or acknowlegdement) then the debt is statute barred. Even though he made a repayment recently this does not reset the clock.
Once statute barred, always statute barred (ignore the creditor if they try to imply this is not the case).

So you can send the statute barred letter.

Sorry but that is wrong.
Once a payment has been made, this means the debt is acknowledged and the clock begins again.

Tixy

No it doesn't (although is a common misconception)

If you are 5years 362 days in and a payment is made then the clock is reset.
But 6years and 2 days and its statute barred permanently. It cannot be un-statute barred.

OP - if you want confirmation ring national debtline who can confirm this to you.

10past6

RAS wrote: »

then the debt remains statute barred, unless there is a CCJ outstanding

Just to make this clear, even if a CCJ has been issued, they still require permission of the court prior to pursuing the alleged debt.

woody01

If you are 5years 362 days in and a payment is made then the clock is reset.

Which is what i said.
There was no mention by the OP that this debt is over 6 years old so the other information seems irrelevant.

DarkConvict

woody01 wrote: »

Which is what i said.
There was no mention by the OP that this debt is over 6 years old so the other information seems irrelevant.

No the OP didnt, but Tixy did state;

If there has been a period off 6years where there was no payment (or acknowlegdement) then the debt is statute barred. Even though he made a repayment recently this does not reset the clock.

Once statute barred, always statute barred. So long as the 6 years (England) has pasted it cannot be claimed against, even if payment is made.

The clock only resets if it is not yet statue barred.