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Statute barred debts and the Limitation Acts

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  • rizla_king
    rizla_king Posts: 2,895 Forumite
    References in this to OFT guidance need to be changed. It's the FCA consumer credit rules now.
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Just starting to go through and update now. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Recent posts merged with this thread so all replies are in on place on that issue.

    https://forums.moneysavingexpert.com/discussion/4946515
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • GazNicki
    GazNicki Posts: 145 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    My wife has received a letter from Arrow Global (addressed to her maiden name which was last used over 5 years ago) for a sum of money which we cannot fathom.

    We have credit reports on file from 2012 and 2013. The 2012 lists an account with Arrow Global but not for anywhere near this amount. 2013 does not list anything with Arrow Global.

    I think this debt is Statute Barred, but the letter we have received is stating that the debt is now being handled by Mackenzie Hall, and that all correspondence should now pass through MH.

    Which letter is best to use on this occasion, and should the letter be sent to Arrow or Mackenzie Hall??

    Thanks in advance for your help.
    GETTING BACK ON TRACK (SLOWLY)
    Aqua Card: [STRIKE]-£1122.43[/STRIKE] £0 (DFD 12/04/17) | Barclaycard (0%): -£1898.85 (DFD 15/11/2020) | Blackhorse HP: [STRIKE]-£6997.00[/STRIKE] £0 (DFD 12/04/17) | Very.co.uk: [STRIKE]-£789.69[/STRIKE] £0 (DFD 12/04/17) | Zopa Loan (16.9%): £3135.00 (DFD 19/10/18) | Natwest Loan: £5584.00 (DFD 01/09/2020)
    Debt: -£17628.12 @ 01/03/17 --> -£10617.85 @ 12/04/17
  • fatbelly
    fatbelly Posts: 23,011 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    GazNicki wrote: »
    My wife has received a letter from Arrow Global (addressed to her maiden name which was last used over 5 years ago) for a sum of money which we cannot fathom.

    We have credit reports on file from 2012 and 2013. The 2012 lists an account with Arrow Global but not for anywhere near this amount. 2013 does not list anything with Arrow Global.

    I think this debt is Statute Barred, but the letter we have received is stating that the debt is now being handled by Mackenzie Hall, and that all correspondence should now pass through MH.

    Which letter is best to use on this occasion, and should the letter be sent to Arrow or Mackenzie Hall??

    Thanks in advance for your help.

    Send a prove-it letter to Mackenzie Hall
  • GazNicki
    GazNicki Posts: 145 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks fatbelly. I will send one asap.

    Just a quick question, do I add my return contact details to the letter or use it as is barring adding the account number and name?
    GETTING BACK ON TRACK (SLOWLY)
    Aqua Card: [STRIKE]-£1122.43[/STRIKE] £0 (DFD 12/04/17) | Barclaycard (0%): -£1898.85 (DFD 15/11/2020) | Blackhorse HP: [STRIKE]-£6997.00[/STRIKE] £0 (DFD 12/04/17) | Very.co.uk: [STRIKE]-£789.69[/STRIKE] £0 (DFD 12/04/17) | Zopa Loan (16.9%): £3135.00 (DFD 19/10/18) | Natwest Loan: £5584.00 (DFD 01/09/2020)
    Debt: -£17628.12 @ 01/03/17 --> -£10617.85 @ 12/04/17
  • fatbelly
    fatbelly Posts: 23,011 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    GazNicki wrote: »
    Thanks fatbelly. I will send one asap.

    Just a quick question, do I add my return contact details to the letter or use it as is barring adding the account number and name?

    You can quote back to them all the details in their letter. I wouldn't add any details that they don't already have.
  • GazNicki
    GazNicki Posts: 145 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks,

    Just one last question:

    In terms of the name, the letter addresses my wife as Miss and uses her maiden name. Should the letter be sent back signed by my wife using her maiden name or married name?
    GETTING BACK ON TRACK (SLOWLY)
    Aqua Card: [STRIKE]-£1122.43[/STRIKE] £0 (DFD 12/04/17) | Barclaycard (0%): -£1898.85 (DFD 15/11/2020) | Blackhorse HP: [STRIKE]-£6997.00[/STRIKE] £0 (DFD 12/04/17) | Very.co.uk: [STRIKE]-£789.69[/STRIKE] £0 (DFD 12/04/17) | Zopa Loan (16.9%): £3135.00 (DFD 19/10/18) | Natwest Loan: £5584.00 (DFD 01/09/2020)
    Debt: -£17628.12 @ 01/03/17 --> -£10617.85 @ 12/04/17
  • sourcrates
    sourcrates Posts: 31,624 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    GazNicki wrote: »
    Thanks,

    Just one last question:

    In terms of the name, the letter addresses my wife as Miss and uses her maiden name. Should the letter be sent back signed by my wife using her maiden name or married name?



    Don't sign anything OP, leave it blank or print it, never sign, as they can copy and paste this, should they need it !!!!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • GazNicki
    GazNicki Posts: 145 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    sourcrates wrote: »
    Don't sign anything OP, leave it blank or print it, never sign, as they can copy and paste this, should they need it !!!!

    Fair point.

    Just wondering if the letter should include our postal details and if the letter should include my wife's name at the bottom - and if so, maiden or married.
    GETTING BACK ON TRACK (SLOWLY)
    Aqua Card: [STRIKE]-£1122.43[/STRIKE] £0 (DFD 12/04/17) | Barclaycard (0%): -£1898.85 (DFD 15/11/2020) | Blackhorse HP: [STRIKE]-£6997.00[/STRIKE] £0 (DFD 12/04/17) | Very.co.uk: [STRIKE]-£789.69[/STRIKE] £0 (DFD 12/04/17) | Zopa Loan (16.9%): £3135.00 (DFD 19/10/18) | Natwest Loan: £5584.00 (DFD 01/09/2020)
    Debt: -£17628.12 @ 01/03/17 --> -£10617.85 @ 12/04/17
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