Statute Barring

frustratedfromnorthampton

I've recently received debt letters chasing an unsecured car loan for a vehicle which turned out to be a write off and not as described. Following advise from CAB we ceased payments pending a resolution. Nothing happened.
In the last 3 months I've received threatening letters from Mackenzie Hall and Ruthbridge Limited making threats to take me to court to recover the debt. I have never accepted liability or acknowledged the debt thinking that the 6 years rule applied. I decided to send them a stature barred letter which has resulted in them telling me that my last payment was made 5 years and 11 months ago.
Where do I stand now? I've not replied and still accept no liability for the debt. Can they now apply for a CCJ or take me to court? Can I send them another statute barred letter in 4 weeks?
Please advise and many thanks

Feelingfoolish_3

Hiya

Just wait another 4 weeks and tell them to <whistle> no just send them another statute barred letter! McKenzie Hall are notorious for stat barred debts

For it to be enforceable they would have to get a ccj before the 6 year mark, if they obtained a ccj after 6 year then you can get it set aside.

GeorgeUK

The debt will be statute barred 6 years after the last payment was made or acknowledgement of the debt was made in writing.

At the top of most statute barred letters is something like "I acknowledge no debt to you or any company you represent". This means that the statute barred letter you sent should not be considered an acknowledgement of the debt and the statute barred clock is still ticking. Wait another 4 weeks and send the statute barred letter again.

Did they provide any proof of when the last payment was made, or is this something they've just said to you?

After you send the next statute barred letter, i would also check your credit file to make sure there isn't a default listed. The date of the default on your file should be the same date that the original default in payment took place - not the date that the DCA contacted the credit reference agency to put the default on your file.

After 6 years, defaulted and closed accounts should fall off your credit file so if you don't see the account listed, that's what you want to see (or not see).

fermi

As said, that is the point of heading the letter "I do not acknowledge any debt to......".

I also wonder if they have any proof of said payment?

5 years and 11 months is suspiciously convenient for MH. :rolleyes:

bellaboggle

can anyone help ? I rtecieved a letter today from ruthbridge asking for me to repay a credit card which is 13 years old. I have made no payments since 2000. I understand this debt is now satute barred can someone diredt me towards a letter template

fermi

bellaboggle wrote: »

can anyone help ? I rtecieved a letter today from ruthbridge asking for me to repay a credit card which is 13 years old. I have made no payments since 2000. I understand this debt is now satute barred can someone diredt me towards a letter template

Here: Statute barred debts - Links and letters.

Tixy

Hi bella and welcome

look here for a factsheet and template letter - http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

(is there a CCJ on this credit card debt? if so that would prevent it being statute barred)