unpaid overdraft that's ten years old.

lemonpopcorn

Hi all,
apologies if I'm posting in the wrong section, please feel free to correct me.
years ago when I was a student I had an student overdraft with barclays, long story short, left course as I was pregnant, couldn't at time afford to pay it back, moved back to home town to look after mum who'd had a stroke and spent time since trying to get my life back on track.
Never really had much contact from debt collection companies till 2 months ago, spoke to them on the phone after they sent a letter (can't remember who it was, will check tonight when I get home)
basically they are trying to get me to pay, I explained that over 6 yrs had passed and they couldn't legally enforce it, also asked for paper copy of original agreement, still hasn't arrived, but have just checked credit file and it isn't on there as a default or ccj or anything.

So general advice do I let sleeping dogs lie or offer to pay ?

onefortheroad_2

loonylamb wrote: »

Hi all,
apologies if I'm posting in the wrong section, please feel free to correct me.
years ago when I was a student I had an student overdraft with barclays, long story short, left course as I was pregnant, couldn't at time afford to pay it back, moved back to home town to look after mum who'd had a stroke and spent time since trying to get my life back on track.
Never really had much contact from debt collection companies till 2 months ago, spoke to them on the phone after they sent a letter (can't remember who it was, will check tonight when I get home)
basically they are trying to get me to pay, I explained that over 6 yrs had passed and they couldn't legally enforce it, also asked for paper copy of original agreement, still hasn't arrived, but have just checked credit file and it isn't on there as a default or ccj or anything.

So general advice do I let sleeping dogs lie or offer to pay ?

send this leter to them



statue barred letter

Address
Date

Their Address

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Ref Number: ______, Agreement Number: _____

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

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".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully




Print Name, Do Not Sign

lemonpopcorn

:j ooooooooooooo thank you