Statute Barred

magpiecottage

Have a look at this thread

das

Well guys, I know it's been a while but they've now started pursuing me on this. As I've already said, I've made some payments, but not admitted the debt in writing, only over the phone. Am I still OK to stand firm on this? Can you point me to a template letter?

Many thanks everyone.

DarkConvict

Can you expand on the problem further Das?

Have you told them it is statute barred? if so, what did they reply with. Did they acknowledge it but still ask for payment, or are they just demanding payment?

Chasing SB debts is unlawful harassment.

das

DarkConvict wrote: »

Can you expand on the problem further Das?

Have you told them it is statute barred? if so, what did they reply with. Did they acknowledge it but still ask for payment, or are they just demanding payment?

Chasing SB debts is unlawful harassment.

Haven't yet told them that the debt is SB. I'm looking for a suitable template letter to send them.

I did pay some money off it last year as I didn't know about SB until I found this site. But the original debt is from 94-ish. So I guess what I am asking is 1. for a template letter and 2. confirmation that the debt is still SB even though I have paid some money off it last year.

I have never confirmed in writing that I acknowledge the debt but I did over the phone.

fermi

Just adjust the template here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

to explain and refer to the parts of the legislation that apply.

Namely that:

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.

You just need to explain that on such and such a date the debt was statute barred, and because of that it remains so despite any subsequent payments after that date.

das

fermi wrote: »

Just adjust the template here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

to explain and refer to the parts of the legislation that apply.

Namely that:



You just need to explain that on such and such a date the debt was statute barred, and because of that it remains so despite any subsequent payments after that date.

Brilliant stuff, thank you Fermi.

I'll let you know what they come back with.

fermi

das wrote: »

Brilliant stuff, thank you Fermi.

I'll let you know what they come back with.

I doubt they will be happy or accept it. They will normally come out with all sort of bullshit to try and con you into paying.

However, the law is CRYSTAL clear. If the debt became statute barred at one point, then it remains so FOREVER. Nothing you do can revive it.

DarkConvict

Ah, i thought you had sent the letter already as the original post was in Nov09

Fermi is absolutely correct, debt collectors often come up with rubbish to say a debt is enforceable. They go by a last payment you didn't make, a default date, or say now you have paid it is enforceable again for 6 years. If they do kick up a fuss let us know.

das

Hi guys, just a quick update:

I didn't want to send them a statute barred letter until I was 100% sure of my dates. So I replied via recorded delivery a "give me more details and prove it" letter.

It's now been 3 weeks. I have heard nothing from them. Not a peep. The phone calls to my mobile heated up on the day they would have received it for a few days but died down after that. I ignored them all.

What do you reckon? Can I put this one to bed or is there anything else I can do?

Thank you, I love this site.

DAS.

DarkConvict

Just wait on it, you may just have moved down the priority pile or they could have sold the debt on.