Is this debt statute barred?

Loobeyloop

Hi there, I really hope someone can help,

Back in 2001 I had a student bank account which had an interest free overdraft of £1500, at the end of 2002 I had moved house, I filled in the change of circumstances on the back of a statement giving them my new address, I haven't heard from them at all since moving, and to be honest until today I had completely forgot about it. I have had a letter from a debt enforcement office stating that they:

have been instructed by our client to recover the above overdue debt" (It adds up to £1687.52??)
"We DEMAND that the sum stated be sent direct to this office IMMEDIATELY using the payment slip
Your failure to comply could result in a DEBT COLLECTOR calling upon you or a COUNTY COURT JUDGEMENT being registered against you.

Would this debt now be statute barred? Can anyone advise me what to do next, as I'm really paniking about this as my financial situation is extremely dire and am struggling as it is. I'm signed off from work at the moment due to stress and I couldn't cope with debt collectors calling at my door.

Thank you

fermi

It probably is statute barred.

It's sometimes a little hard to tell with overdraft debts, as the 6 years runs from the date the bank calls in the overdraft and demands it be repaid.

That can be some time after you last acknowledged it in writing or made a payment to the account.

However, if you send the standard statute barred letter, then the burden of proof is then on the debt collector to PROVE that the debt isn't statute barred.

https://forums.moneysavingexpert.com/discussion/2606811

Tixy

Hi

Sounds like it may well be SB.
First are you certain its the same debt? have they quoted the creditor's name or an account reference that you recognise?

If it is then assuming that there is no CCJ for this debt (and it doesn't sound likely that there is given then wording of their letter) and if you know you haven't paid any money into this account for the last 6years then you would just write back with the SB template letter, then wait and see what they reply with.
http://forums.moneysavingexpert.com/....php?t=2606811

Loobeyloop

Thank you for your replies, yes they name the bank, I don't know if this makes any difference but I haven't use the bank account at all since 2002.

Regarding the Statute Barred terms, is an overdraft different to a debt such as a loan?
Thank you again!

fermi

Well, with a loan or credit card the credit agreement normally says that you have to keep up with monthly payments on it.

So if you fail to do that, then the start of the 6 years is relatively easy to pin down. i.e. It's when you first failed to pay what you should have done. After that, any later payment/acknowledgement resets that clock again.

The problem with an overdraft is that many are simply repayable on demand. In other words, the 6 years doesn't start until they formally call it in. That could be many months after you last paid something.

Given that we are talking about 9 years ago, you've gotta say this must be statute barred though.

Loobeyloop

Hi there, sorry to bump, it's just that they are now ringing my land line now and leaving automated messages, I am ex-directory and wondering how they could get my number....I thought with the data protection act andthe fact I'm ex-directory they wouldn't be able to?

fermi

Have you sent the SB template letter yet?

Loobeyloop

Yes, I sent the first letter on the link you gave me at the beginning of the week (Many thanks for that again).

fermi

Have you got proof of delivery yet?

Just ignore them.

If it carries on then you can make a formal complaint.

Loobeyloop

Proof of delivery? I'm guessing now I should have sent it recorded? I'm a bit naive with these things Do you think it would be worth my while re-sending but recorded this time?
Thanks for your time and help!

fermi

Yes. You send record delivery, otherwise debt collectors will simply deny receiving such a letter.