Statute barred debts and the Limitation Acts

nottoolate

time runs from when the slc discovered your 'fraud' or you acknowledged the debt

Nelix

Can someone please let me know how long I should wait before lodging a complaint. History of the Debt is as follows:

Received letter from DCA and wrote to them asking for confirmation that the debt was indeed mine, they responded with a copy of the agreement, I wrote back informing them that the debt was statute barred as no payments or written acknowledgment had been made for over 6 years, they responded that the default notice was lodged within the last 6 years so debt was not statute barred, I wrote to them to inform them that the cause of action (when the limitation period starts running) is from the date of the last payment made or from the date of any written contact from me acknowledging the alleged debt and NOT the date that the account went into default, I also requested proof of written acknowledgment or payments made, I sent this letter in July and they have not responded.

Should I send the complaints letter at the begining of this thread?

Kind Regards

fatbelly

Nelix wrote: »

Can someone please let me know how long I should wait before lodging a complaint. History of the Debt is as follows:

Received letter from DCA and wrote to them asking for confirmation that the debt was indeed mine, they responded with a copy of the agreement, I wrote back informing them that the debt was statute barred as no payments or written acknowledgment had been made for over 6 years, they responded that the default notice was lodged within the last 6 years so debt was not statute barred, I wrote to them to inform them that the cause of action (when the limitation period starts running) is from the date of the last payment made or from the date of any written contact from me acknowledging the alleged debt and NOT the date that the account went into default, I also requested proof of written acknowledgment or payments made, I sent this letter in July and they have not responded.

Should I send the complaints letter at the begining of this thread?

Kind Regards

If things have gone quiet, I would leave it as it is. The DCA may have passed it back to the original creditor, who probably knows it is SB.

Nelix

fatbelly wrote: »

If things have gone quiet, I would leave it as it is. The DCA may have passed it back to the original creditor, who probably knows it is SB.

I had thought of that but the DCA have put the default on my credit file and I have requested that as this is SB it should be removed.

fatbelly

Nelix wrote: »

I had thought of that but the DCA have put the default on my credit file and I have requested that as this is SB it should be removed.

That's not a valid argument as such. And it sounds like this organisation has bought the debt rather than just collecting on it.

If there was a previous default registered the new owner should copy that date across. There's guidance as to when a default should be registered from the ICO and it is 3 to six months after payments stop. The ICO admits this needs updating but it still exists as a 'principles' document here

http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

Abouttime

Any knowledgeable people around? I hope so

I claimed carers allowance for a short period of time in 2005. I stopped the claim when I started working full time but it appears they continued paying me until 2006.

Over the last few years I have had numerous debt collection agencies write to me asking for payment but I have ignored them.

My understanding is that this debt is statute barred but since last week I've had text messages, phone calls & a letter from ccs stating they will do an attachment of earnings or send bailiffs for recovery of the debt.

I have made no payment or made no acknowledgement of this debt.

Any advice?

poppasmurf_bewdley

Abouttime wrote: »

Any knowledgeable people around? I hope so

I claimed carers allowance for a short period of time in 2005. I stopped the claim when I started working full time but it appears they continued paying me until 2006.

Over the last few years I have had numerous debt collection agencies write to me asking for payment but I have ignored them.

My understanding is that this debt is statute barred but since last week I've had text messages, phone calls & a letter from ccs stating they will do an attachment of earnings or send bailiffs for recovery of the debt.

I have made no payment or made no acknowledgement of this debt.

Any advice?

Debts to the government and its departments can become statute barred, but unfortunately for you statute barred only means the debt cannot be taken back through the courts. The debt is still outstanding. The government can take back any debts owed to it via attachment of earnings, deduction from benefits, raising your tax code, etc, even as far as reducing your state pension when the time comes.

They have you all ways.

ackonic

Hello


I need a bit of advise, one of my relatives has recently been made bankrupt - the overall amount is around £25,000, we are looking at getting the money together to help pay this off, however after speaking to them, there are debts on the list of creditors that are actually over 6 years old and within this time no payments have been made or any acknowledgement of the debts made....with this in mind, can anyone advise me if the statute barred would applied to these debts in this circumstances?


Thanks

Ackonic

fatbelly

ackonic wrote: »

Hello


I need a bit of advise, one of my relatives has recently been made bankrupt - the overall amount is around £25,000, we are looking at getting the money together to help pay this off, however after speaking to them, there are debts on the list of creditors that are actually over 6 years old and within this time no payments have been made or any acknowledgement of the debts made....with this in mind, can anyone advise me if the statute barred would applied to these debts in this circumstances?


Thanks

Ackonic

Being statute barred (and that's something only a court could ultimately rule on) would not preclude a creditor from making an application to the trustee in bankruptcy.*

But this is an odd query - why are you (plural?) trying to pay a third party's debts when they are covered by insolvency?

Have you taken proper legal advice about what you are proposing to do?

*Assuming England/Wales law - could well be different in Scottish law

HalifaxCurtis

Right guys, a new case here for you to help me out with!

Between the 11th August and 1st September this year my partner has had three seperate letters from Lowell Portfolio based in Leeds. The first letters didn't state an amount, just who they had bought the debt from (which my partner had no knowledge of whatsoever, and have never even heard of the company stated - Shopacheck), so we ignored them. A week or so later we received another three letters, this time stating the amounts - £111, £296 & £34. One of which they had decided to forward onto "Red Debt Collection Services", which I found out is exactly the same address and office as Lowell.

Anyway, I copied the template response from this thread to deny any knowledge of the debt and also that it would be statue barred regardless (which it would be). Sent three seperate letters, all recorded signed for, kept copies of all letters, printed the signature off the PO website, stapled it all together for reference/proof etc etc.

Just received their response today. Seems it is a reply to all three of our replies sent to them previously. This is what it reads:

"We understand from your recent correspondance that you believe you are not our customer. In order to resolve this matter, we are currently undertaking an investigation into the accounts.
The accounts will remain on hold until an outcome is reached and during this time you will receive no correspondonce from our collections team.
We apologise for any inconvenience that may have been caused by our letters and will be in touch with you again in due course if necessary."


So... no mention of the matter of the debts being statue barred there....
What should I do next? Just leave it or send a response?