Statute barred, need advice please

Loobeyloop

Hi all, Hope you are having a fab weekend, I started a thread a while ago and wanted to reply as there have been developments and need some advice, but it's closed for some reason, so hope you don't mind me starting a new thread...I will copy and paste my previous post:

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.

Well I sent the statute barred letter from a link, and received this reply:

We write further to your recent communication and have pleasure in enclosing a statement of account.
We trust the position has now been clarified and require a payment and settlement proposal within 7 days in order to resolve this matter.( I can see their smug smiles as they wrote this )

The statements they have sent have my old address on and it says "overdraft renewal date 1/6/2009" The statements start from Jan 09 to Jan 11...The last statement shows that £1687.52 was paid into the account (presumably this is when the credit company bought the debt?) So it says the account closed on 10/1/2011.....I was wondering would the bank really keep an account open from 2002 until now, when nothing was going in only interest going out and it was a student overdraft which I would have finished being a student in 2003...the statements only go back to 2009,
sorry to waffle, but I know how scrupulous these debt collection companies are, and was wondering if the bank account would have been active for 9 years if yo know what I mean? I am thinking of writhing to the company to ask for the previous statements as there's only start in 09...can anyone give me some advice on what to do please..I'm a bit gutted as I read on here how people in the same situations have had their debts statute barred. I know it's my debt and some people on here aren't too sympathetic but I'm virtually on the bones of my proverbial
Thank you so much for your time
Loobeyxx

jojo1964

Only my opinion. but if £1687.52 was paid into your account, surely you now owe nothing, perhaps they have been too clever, if they say you paid in the amount then the account is clear, if they say it wasnt you, and no payment or acknowledgement than i assume its statute barred.

fermi

Letter here: http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

It is payment or acknowledgement by YOU that matters.

Doesn't matter a piece of toffee what the bank or DCA do.

Loobeyloop

Thanks for your reply JoJo, looking at the "statement" again, it says 10 jan 11 TFR to CDR (assuming that means transfer to the debt company?) Then underneath says account closed...so it looks like to me the debt agency bought the debt on that day? I just think (and hoping ) something fishy is going on....

Loobeyloop

Thanks Fermi, you've given me hope again!! Fingers crossed this one works...So even though it looks like the debt company bought the overdraft debt off the bank in Jan 11 it would still be statute barred as I have not heard from the bank or used this account since 2002?
Sorry to sound a bit dumb but do I send the letter in your link to the debt collecting agency, and the OFT? Thank you so much for your help

vax2002

They know your debt is barred, they dont care, Ignore them, the standard letter IMO is not good advice when dealing with "stale debt sharks" as it just gets you on the hooked fish list.
It is good advice for when the bank or actual lender chases, but these are just boiler room scammers.
These are private tin pot companies who have bought old barred debt files from Insurance companies who paid the bank who took out insurance on the risk of you defaulting.
They should be treated like fake private parking tickets.
On a PUT UP OR SHUT UP policy by ignoring them 100% until they shut up or try it on in court, which they will not as they will loose.
What company is it, we need a sticky with a list of these sharks like we have for PPC firms.
I propose a sticky ? Bunny Boiler barred debt companies and what to expect ?

fermi

Loobeyloop wrote: »

Thanks Fermi, you've given me hope again!! Fingers crossed this one works...So even though it looks like the debt company bought the overdraft debt off the bank in Jan 11 it would still be statute barred as I have not heard from the bank or used this account since 2002?
Thankyou

Yep. Doesn't matter in the slightest what the bank/DCA have done.

If it was me, I would add a line to the letter stating that.

Falsely implying that a recent payment by yourselves or anther party to purchase/buy/clear this debt prevents this being statute barred is a clear attempt to mislead me regarding the legal position on this debt.

Should you continue with this, then I will report you and any solicitors you may use to the OFT, trading standards and the solicitors regulation authority.

Loobeyloop

This forum is fantastic, I can't tell you how much I value your help and advice, it's early days and hope this second letter will be the end of it, although with my luck it probably won't.... with out your advice and knowledge I would be sitting scared in my own home, waiting for the bailiffs, which I imagine lots of people do as they don't know about the statute barred law....sorry to repeat my question Fermi, but do I send this to the debt agency? Thank you again, will let you know the outcome if that's ok?

Vax, love the cute bunny! These debt agencies are horrible, so aggressive with the way they speak to you, can imagine someone elderly ending up getting so worried they'd have a heart attack or something ....This ones address is an old court house...even more intimidating

fatbelly

Loobeyloop wrote: »

sorry to repeat my question Fermi, but do I send this to the debt agency? Thank you again, will let you know the outcome if that's ok?

Yes, it's them that you will be reporting to OFT/FOS/Trading Standards if they do not back off.

fermi

fatbelly wrote: »

Yes, it's them that you will be reporting to OFT/FOS/Trading Standards if they do not back off.

Thanks. I missed that bit. :beer:

Loobeyloop

Morning all, me again, sorry! Just a quicky as I'm sure you understand I'm still panicking over this a bit, I have sent the letter Fermi gave in the link, recorded delivery, and they have received it on 26/07...must admit my stomach churns everytime I hear the postman....anyway, I did a free credit check thingy from Equifax lastnight, and on my linked address bit was this: it says it's from LLoyds (doesn't mention the credit agency at all)


Terms 0 @ £ 0 (Monthly) Status Defaulted
Current Balance £ 1,687 Start Balance £ 0
Credit Limit £ 0 Default / Delinquent Balance £ 1,687
Start Date 01/02/2009 Date Updated 22/03/2011
Date Last Delinquent Date Satisfied
Default Date 13/01/2011



:(as it's on my credit check, is it likely the bank put it on there after all this time? Do you think it's still statute barred?
Thank you in advance!!!

Oh it also says Debt managers Ltd did 2 searches on 23/3/11 and 9/5/11 for oustanding debt