Advice on old debts - futher advice please

inca1000

I have asked about this recently, but wanted to ask for more advice if thats ok.

I started to pay 2 Debt Management companies a few months ago, with regards to debts they said I owed. But I wish to query the debts - they were nearly over the 6 year (statute barred), but did not realise this at the time and agreed to instalment -I am assuming this then 'resets' the 6 year time limit again.

I am not sure even if I owe the debt so:

I am sending a 'prove it' letter to both creditors with regards to the 2 debts from a few years back and wondered should I cancel the direct debits/standing orders I have set up in the mean time until they 'prove' the debt is mine?

Can they take me to court or send bailiffs if I cancel the payments ?

One debt is for £500 and the other £175.00 - thanks

Thanks

Tixy

Hi

Assuming these are your debts - when you say they were nearly over the 6years what date are you using for the start of the 6year period? Did they give you details of the last payment made previously? or are you going on the default date on your credit file or something else?
If you are using the default date this is not the correct date to use - and there is a chance they were statute barred before you started paying. Once a debt becomes statute barred then it stays statute barred.
But if you pay or acknowledge a debt 5years and 363 days after the last payment and acknowledgement then yes you would reset the clock.

Certainly send the prove it letter if you are not sure the debt is yours and I would also cancel the payment (if you are paying by DD watch for them re-instating it though).

They cannot send payments for these debts if they have not yet been to court. If they issued court papers before they have proven the debts are yours (or not) then you could defend any court action based on that reason.

I assume you are planning to send the prove it letters to the debt collection agencies - not the original creditor? They should go to the DCAs.

fermi

Nearly 6 years or over 6 years?

If you're not sure you owe the debt, why are you paying?

If you dispute complete;y the debt, then they shouldn’t take legal action until that dispute is resolved.

inca1000

It is nearly 6 years, but now I have paid a couple of months standing orders - does this restart the 6 years?

Started paying, because they basically threatened bailiffs.

fermi

Can you confirm (as Tixy asked) what you are using for the start date of the 6 years period?

inca1000

What date does the 6 years start from and how I find it out?

inca1000

I have used the started date -what date should I look at?

fermi

The "started date" on your credit files?

inca1000

yes, what should I use defaulted date?

Thanks

fermi

So you are saying that the "start date" on the account is less than 6 years ago?

The start date indicates when the agreement was first taken out, so if that was less than six years ago then I can't see how the debt could be statute barred.

EDIT: And recent payments would mean another 6 years to go from now.

inca1000

Obviously I am going from the wrong date - can you confirm which date i should be using?

Thanks