Natwest/Triton/Green & Co

jeebeeb

Hi. I am being chased for a debt from 2001 by Natwest. I have advised them that the debt is statute barred and they have continually ignored this. During the dispute (which has lasted almost 2 years now) I have made two separate CCA requests, receiving generic terms and conditions (unsigned) and no application form. They have also included a 'here is your new credit card' letter (but the two letters stated different addresses and no credit cards were ever to sent to either address) I have just received a last chance letter from Green & Co before court action is taken. How seriously should I take this threat? Are they likely to go to court for a debt which is almost ten years old, is less than five hundred pounds and for which they have been unable to provide a solid signed CCA. I kind of hope they do to be honest as it will allow me to put this to bed, I just wondered if anybody has any ideas of the likelihood.

fatbelly

If there was a six-year period of no acknowledgement of the debt (by you) by way of payment or in writing then the statute barred defence is uncontestable if they tried court action.

If you are sure of your dates and haven't already done so, send the letter at the end of this factsheet:

Factsheet | Liability for debts and the Limitation Act

but you could amend it to emphasise that you have repeatedly informed them of this, and at the end add something like:

'I now require your final response within eight weeks as I am intending to refer this matter to the Financial Ombudsman and Office of Fair Trading'

If you had (have) a statute barred defence I wouldn't bother with a cca request. You did it twice?

FTW

fatbelly wrote: »

If there was a six-year period of no acknowledgement of the debt (by you) by way of payment or in writing then the statute barred defence is uncontestable if they tried court action.

If you are sure of your dates and haven't already done so, send the letter at the end of this factsheet:

Factsheet | Liability for debts and the Limitation Act

but you could amend it to emphasise that you have repeatedly informed them of this, and at the end add something like:

'I now require your final response within eight weeks as I am intending to refer this matter to the Financial Ombudsman and Office of Fair Trading'

If you had (have) a statute barred defence I wouldn't bother with a cca request. You did it twice?

Yep. Sound advice, and according to the OP, it sounds like this is well and truly statute barred.