Status Barred????? help!!!

hoot7969

Hi all,

In need of your help and support. Both the wife and I are having sleepless nights over a 4k debt that risen its ugly head. We've played dumb to the debt with the company, they divulged the following information. The debts last payment was in 2001, the last contact they made with us was 2001 (9 years ago) My friend told me the debt was status barred so i sent a letter template about a week ago. The big problem is the phone calls. It's every single day, it's getting us down big time.

If they keep ringing me they must have a case right??

I've also read somewhere that the debt may not be status barred because we've had a couple of addresses over the last 9 years.....

The people collecting are a company called cabot finance???

Someone respond please we're desperate

DarkConvict

Once you had sent the SB letter ( http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4) Which by the sound of it you have already, its a waiting game now.

As to phone calls, there is an harassment letter to send + DPA section - http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

You can lodge a complaint with the Finanical osbusman and OFT, as in the SB letter you sent it is illegal for them to contact you regarding it.

4) The OFT Debt Collection Guidance states further that "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".

4) The OFT Debt Collection Guidance states further that "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".

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 40 (1) of the Administration of
Justice Act 1970.

DVardysShadow

hoot7969 wrote: »

If they keep ringing me they must have a case right??

for 4k, if they had a case they would take it to court. As they don't have a case, they are harassing you instead. BTW, it is 'Statute Barred', to be picky - getting that wrong may may you look less clued up and a more likely victim to succumb to phone bullying.

hoot7969

thank you for the speedy response. Do you think the debt is status barred based on the information Ive provided?

hoot7969

DVardysShadow wrote: »

for 4k, if they had a case they would take it to court. As they don't have a case, they are harassing you instead. BTW, it is 'Statute Barred', to be picky - getting that wrong may may you look less clued up and a more likely victim to succumb to phone bullying.

are you sure mate?? how can they get away with this if they're not entitled to anything. My wife is really affected by these calls i'd love to put her mind at ease.......

DarkConvict

Limitation Act (statute barred bit), is 6 years (5 in Scotland) from last payment or written acknowledgement, furthermore, once it has become statute barred no payment or written acknowledgement can make it un-statute barred.

So if 2001 was last payment, it most likely is. Also it is upto them to prove it is not, before you prove it is.
if they cant dis-prove it is statute barred they have to confirm and go away.

DVardysShadow

hoot7969 wrote: »

thank you for the speedy response. Do you think the debt is status barred based on the information Ive provided?

Define 'status barred'! It is STATUTE barred. Now get that into your head, because every time you say it is status barred, you convey that you don't know what you are talking about. Sorry to be so blunt, but if you convey that to the DCA, they are going to smell blood and go after you even more. On your info it is STATUTE barred.

hoot7969 wrote: »

are you sure mate?? how can they get away with this if they're not entitled to anything. My wife is really affected by these calls i'd love to put her mind at ease.......

It is called bluff. They don't need to prove anything if they can frighten your wife into nagging the hell out of you and making you pay up.

hoot7969

DVardysShadow wrote: »

Define 'status barred'! It is STATUTE barred. Now get that into your head, because every time you say it is status barred, you convey that you don't know what you are talking about. Sorry to be so blunt, but if you convey that to the DCA, they are going to smell blood and go after you even more. On your info it is STATUTE barred.


It is called bluff. They don't need to prove anything if they can frighten your wife into nagging the hell out of you and making you pay up.

Thanks for being so direct, i really appreciate everyone's support on this STATUTE barred debt

BigCraigJohn

They will ring and ring telling you it needs paying. For every few people that pay nothing some will do so its worth there while trying.

hoot7969

got this sorted thanks to you guys!!! the letter about the phone calls done the trick

DarkConvict

Good to know we still have the magic :P