Question about statute barred

loverington

I hope I spelt that right!

Anyway just wondering, I know that after 6 years of not akowledging the debt in writing its counted as statute barred, but I have been having dealings with thames credit and then aktiv kapital over a debt that right from 2003 i've said its not mine, basically they are refusing to get me a copy of the application,blah blah blah

but anyway does this count as being statute barred because i have never aknowledged the debt or not because I have written to them.

DarkConvict

You have to pay them money towards the debt, or write to them about the debt.

Obiovusly sending SB/Prove it letters do not acknowledge the debt (as they state that fact at the top - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2 / http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

So long as you only kept sending the prove it letters for 6 years, you can go and send them the SB letter.

loverington

Thanks, so once they recieved that SB letter what happens then? does it come off my credit file?

DarkConvict

If it is not yours, may i ask why it is on your file, shouldn't you have claimed this was identity fraud instead by now?

As to it coming off, everything falls off after 6 years. If it is your debt and it is SB then generally it should have fallen off already as for it to be on your record it has to be under 6 years old, but for a debt to be SB it has to be over 6 years old. Obviously this is definitive for defaults, but for running accounts i.e. a mobile phone it can overlap a little bit until the account is closed. I.e. If it takes them 6 months to default you on your phone contract, then obviously you have already not paid for 6 months as such the debt will have remained on file for 6 years 6 months from last payment, even thou it went SB at the 6 year mark.

If you believe your file has incorrect info, read page 19 - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

Telling them it is SB will however not make it come off your file unless they placed it there in mistake.

GeorgeUK

If you wrote to them making an offer of payment or acknowledging that the debt was yours then it wouldn't be statute barred. Writing to them stating that the debt is not yours would not count as acknowledgement.

loverington

Thanks, I have just filed a complaint with the financial ombudsmen and experian, basically back in 2003 Thames credit/Aktiv Kapital said I owed them £400 on a barclaycard which definately wasnt mine and i asked them to show me some proof, they said they would send me some if I sent them my driving licence first, which I did as I had nothing to hide and the debt wasnt mine so the signitures would definatley not match, this has been going back and forth since 2003, them saying pay up... me saying its not mine, prove it. Its just gotten to the stage where I just want it gone now. I sent them the SB letter about 6 months ago to which they replied due to the age of the debt they might not be able to get any documents even though i originally asked for it back in 2003.

Do you have any thoughts on this, am I right to issue a SB letter and to complain to the Financial Ombudsman??

DarkConvict

You can complain to OFT, Trading Standards and the Financial Ombudsman.

From what i hear, the Financial Ombudsman usually gets a response.

OFT and TS can be a little slow. But OFT do have guidelines
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
f. pursuing third parties for payment when they are not liable

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures

Statute barred debt
2.13 This guidance applies to the pursuit of debt regardless of its age. We will be
carrying out further work on this aspect of debt recovery including analysis of
relevant legislation and practice throughout the UK.
2.14 In the past we have dealt with a number of statute barred debt cases governed by
the Limitation Act 1980, which applies to England and Wales. Based on that
experience our position with regard to England and Wales remains:
a. we accept legally the debt exists
b. it is the methods by which the debt is collected that can be
unfair as follows:
• it is unfair to pursue the debt if the debtor has heard nothing from
the creditor during the relevant limitation period
• if a creditor has been in regular contact with a debtor before the debt
is statute barred, then we do not consider it unfair to continue to
attempt to recover the debt
• 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

OFT complaints - http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

loverington

Thanks, I dont suppose you know how long a response from the Financial Ombudsman take? or what steps will be taken?

DarkConvict

Sorry, not a clue.