Statute Barred

never-in-doubt

fermi wrote: »

It's not unlawful for them to accept payments on a statute barred debt.

I wish it was, but it simply isn't..

Ahh cheers Fermi - was always dubious on that one but now its confirmed But the last two points on your quote suggests what i'm trying to say;

it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and
• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

So no chance of asking for it back.....?

I'm sure i've spotted a judgement where monies paid after limitation period was refunded - i'm hunting for the link....

fermi

You never know with trying your luck.

EDIT: There's no legal basis for compelling a refund (as far as I know), but if they have acted against regulations or could be considered to have used harassment then you may be able to use that as a bargaining lever?

A few people here have in the past got a refund on payments to a DCA where it turns out there was no valid CCA. To be honest, that was down to pure cheekiness and persistence rather than any legal basis for asking/demanding that. Plus it was a long time ago, and I think the DCAs wouldn't do that now.

If you can find that judgement then I would be interested. Maybe it was in Scotland? The law there is a little stronger than in England/Wales, in so much that their Prescriptions and Limitations Act 1973 legally "extinguishes" the debt rather than simply barring legal action?

fermi

Actually, in the light of the above.............

das: Which DCA is this? Is it Mackenzie Hall or Link Financial?

das

fermi wrote: »

Actually, in the light of the above.............

das: Which DCA is this? Is it Mackenzie Hall or Link Financial?

Hi, it's Global.

fermi

Shame. The OFT has warned and placed restrictions on the other two I mentioned.

If it had been one of them then you might have had significantly more leverage in getting some payments back.

As it is I suppose you could try your luck, but I would be very surprised if it worked.

Kandipandi

I think I would just chalk it up to experience and be glad that the remainder of the debt is unenforceable.

fermi

Kandipandi wrote: »

I think I would just chalk it up to experience and be glad that the remainder of the debt is unenforceable.

You are probably right.

never-in-doubt

fermi wrote: »

You are probably right.

But i'd still send off a query for a refund of payments made to date, just not quoting any laws then (lol).... you never know, they may just relent and pay it back! :beer:

No harm for a wee stamp is it.....:p

das

Thanks for all your replies. I will definitely wipe this one off my creditor list and deal with them personally now I have the confidence.

Trouble is, Payplan didn't respond to my request to delete them off my list of creditors and have sent off my new financial statement to them (I had a change in circumstances, new daughter, and have had to adjust my expentidure accordingly.)

Anyone know how Payplan deal with things like this?

unhappy_with_ecar

Debt collection companies have a duty under their consumer credit licence to provide a policy to the FSA about the procedures they have in place to ensure that they don't pursue statute barred debt. As already posted, their actions are contrary to the OFT debt guidelines and in pursuing you they have acted against their consumer credit licence (which they need to be able to operate as a debt collection company). If you really want your money back, threaten to take them to the FSA for breach of the OFT guidelines and breach of their licence. If you make a formal complaint, they have to lodge money with the FSA for the investigation which they won't want to do.
If enough people managed to put a formal complaint in to the FSA about a company at any one time, the fees they would need to lodge would send them into liquidation. Maybe someone should co-ordinate something and teach some of these firms a lesson for acting outside the rules.

By the way, I had a company pursue me for a statute barred debt, they sued, I went to court and the Judge ruled in my favour and awarded me compensation from the debt collection company, suprisingly enough they even paid up.