Statute Barred Debts help

alfred2009

Hi,

I'm new here and have a big problem. I had a letter from Capquest 3 months ago stating I owed £6.5K to Natwest and that they were going to make me bankrupt. I panicked and phoned them and have been paying each month since what I could afford.

My problem is that I now think that this debt would have been statute barred and could have claimed that to them had I not panicked and paid some money.

My question is then that if there was more than a 6 year gap between my last payment/acknowledgement to the time when I started paying again, can I now stop paying and claim it is statute barred? (Essentially if more than 6 years has passed and then I acknowledge the debt and start paying.)

I have read something on payplan that would suggest that I can do this but before I do anything I really need some advice.

Please help.

DarkConvict

Once statute barred always statute barred, even if you started paying (or acknowledged in writing) 6 years, 1 day later. It would still be statute barred.

If you can find out that it is statute barred i would send them the statute barred letter and stop making payments I doubt you would be able to claim any of the money back you have already paid, although collectors should not actively seek debtors to pay debts that are statute barred.

Prove it - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2
Statute Barred - http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

RAS

alfred2009 wrote: »

My question is then that if there was more than a 6 year gap between my last payment/acknowledgement to the time when I started paying again, can I now stop paying and claim it is statute barred? (Essentially if more than 6 years has passed and then I acknowledge the debt and start paying.)

Absolutely, Stop paying them now.

They are hiding behind the fact that the OFT have put DCAs into special measures if the pursue debts where they have been informed IN WRITING that the debt is statute barred.

And it is 5 years if you are in Scotland.

fermi

DarkConvict wrote: »

Once statute barred always statute barred, even if you started paying (or acknowledged in writing) 6 years, 1 day later. It would still be statute barred.

Yep.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_4#pt2-pb2-l1g37

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

alfred2009

^Thank you so much.

DOes that still count if I have acknowledged the debt in writing to them? I say acknowledged because I send a letter with each cheque stating that the payment relates to XXXX account.

Also, I have asked for a credit report from experian which should hopefully show when I last made a payment (I think it is over 6 years ago.) DO you think that this will give me this information? I ask because I'm not sure when it would show as a default on a credit report.

RAS

The default should be posted 3-6 months after your last payment.

And if the debt is statute barred you can do what you like regarding acknowledgement without affecting the legal situation.

Remember, legally the debt still exists so you are entitled to pay it if you want, but Parliament, the Courts and the OFT think it is unfair for the DCA to pursue you for payment.

DarkConvict

RAS wrote: »

The default should be posted 3-6 months after your last payment.

And if the debt is statute barred you can do what you like regarding acknowledgement without affecting the legal situation.

Remember, legally the debt still exists so you are entitled to pay it if you want, but Parliament, the Courts and the OFT think it is unfair for the DCA to pursue you for payment.

Thats a good way of wording it.

alfred2009, when did you last write about or pay this debt, before paying it to this debt collector. If it was over 6 years, it is statute barred.

alfred2009

^I last paid it either Dec 2002 or Dec 2003 - I'm 99% certain it's the former. I do remember writing to the bank after I last paid trying to arrange payment but I can't remember when that was. It was within the next year after I had last paid so sometime during 2003. How can I find out when that was? Will something show up on my credit file, some sort of new default or something? or can I go into the bank and ask them if they have any record?

I'm hoping the letter I wrote was before the 13th June 2003 as the first time I contacted Capquest about it was 13th June 2009. Any idea's on how I go about finding this out?

Thanks for the help and advice everyone - I can't tell you how much I appreciate it.

chappers

You need to find out when that last payment or communication was, as DEC 2002 statute barred. DEC 2003 not statute barred.
Not wanting to rain on your parade but it is quite likely that capquest are having one last go at collecting their money before it does become statute barred.
If it isn't SB'd then you could ask for a signed copy of the original CCA which they have to provide to make the debt enforcable.

DarkConvict

Check your statements because as above if it was Dec 2003 it won't have been 6 years and thus not statute barred. If it was not made statute barred and you paid again recently the 6 year clock will be from your last payment (and subsequent payments), which I will assume was about a month ago.

alfred2009

Unfortunatley I haven't kept any statements which is why I've requested a copy of my credit file from Equifax, hopefully that will tell me the month of default?

How do I request a copy of any correspondance to the bank in question?