Statute Barred Credit Card Debt

ARTooD2

Hi All,

I posted this on the credit card forum but was advised to post it here as well. I have recently recieved a letter from, I think, Brooker Management Services asking me to repay £x amount for a Barclay Card I believe I had paid off (obviously not). The only thing is that I am 99.9% certain that this debt is statute barred. It doesn't appear on my credit report and I haven't used the account since at the VERY latest Dec 2004. If I use the template to tell them it is statute barred when it isn't will that "re-start" the 5 year countdown? Hope someone can help.

RAS

Are you in England or Scotland?

Have you checked all three credit reference agencies?

ARTooD2

Scotland...and I have checked Experian and Equifax. Not Callcredit.

gonzo127

i would say the first letter to send is the prove it letter as this should mean they will have to send details of the account to you including the last payment made (i beleive)

if you send the letter on this site it is written that you do not acknowledge (sorry cant spell) the debt and allows a bit of breathing room for you to get all the facts about it when and if they send the details through

Britwife

I would check callcredit first. If it went default in Dec 09, it would take a few months to show up on your cr so check it to be sure. Even if it is on there and you're absolutely sure that no money was paid or no acknowlegement was made then it would be statute barred.

If you're unsure of last payment then follow gonzo127's advice above with the prove it letter.

ARTooD2

If I do send the first letter (even though it says I don't aknowlede the debt) and they send all the details through does THAT then "re-set" the clock? I am tempted just to ignore it if it does.

Britwife

Well, if they prove the debt is yours and it's statute barred then legally they can't chase you to pay it, you send the statute barred letter as it is and on the letter, it states that you will not be paying the debt. You're not acknowleging the debt by sending the first letter.

If it's not statute barred then you will owe the money. If it were me, I would just check callcredit and then send off the statute barred letter, but only if you are 100% sure of when you made the last payment. If you defaulted the account in Dec 2004, it would take a few months to get onto your credit report so would still be on there. The date of it may help you remember and will probably be ready to fall off. They can't issue another default for the same debt.

ARTooD2

Is this the "prove it" letter you are referring to? Or is there another one I should be sending?

http://forums.moneysavingexpert.com/showpost.html?p=30356349&postcount=24

RAS

No

Do not have time to search but the prove it letter includes "i do not acknowledge any debt to your company." - essential to stop re-setting date of acknowledgment.

Britwife

Yes, that is the SB letter.

Edited to add that your link is not the prove it letter but the statute barred letter for Scotland

ARTooD2

Ok...I'll go hunting for the "prove it" letter on my break. I suppose I really should get back to work :P