Could do with some statute barred advice??

babybutterfly

Hi everyone,
I could do with some advice.
A letter adressed to me was sent to my Mother in Laws house recently from a company called Mackensie hall.
I have dealt with them in the past over another debt which I stupidly admitted to and ended up paying back at £5 a week for years and I finally paid it off at the beginning of this year.

They have now sent me a letter demanding £500 for another credit card I had. I contacted them by email to find out what this debt was for as it didnt say (I wont deal with them over the phone, I learnt that the hard way when they got my number from me calling them and they started harassing me). They said for security reasons they couldnt give me any info till I confirmed who I was with some security questions, which I did answer. They then asked me to confirm that I lived at my previous address which I did as I moved from there more than 6 years ago now. They then gave me the following info.

M2******* – was passed to us on 20/05/11 with a balance of £570.47, the owner of the debt is Robinson Way Limited. The account was for a Capital One MasterCard reference number 5460************, which defaulted 23/05/2005. This account is currently being dealt with by Meritforce you can contact them direct on 0844 411 5628 if you wish to discuss the account.

As you can see they got the debt 3 days before it became statute barred. Can they still chase me for it? Monday 1st Aug was the first contact I had with them about the debt and I havent admitted to the debt, just that I lived there and my date of birth. And I have had no contact with Capitol one about the debt since feb 2005. Can I send them a statute barred letter?

Tixy

They didn't buy the debt 3days before it became statute barred. The date of default is not the date to use when working out if its statute barred.

You need to know the date you last paid or acknowledged the debt in writing. That could easily be a few months before or a long time after the debt defaulted.

If you don't think you paid them since before the default date or acknowledged the debt in that time then it would be statute barred.

babybutterfly

I havent spoken to Capitol one or paid anything towards the debt since Feb 2005. So I work that out as statute barred, is that right???

RAS

SB in Feb 2011, then.

Send the SB letter and they can go for a walk.

They are legally entitled to ask you to pay, until you tell them to take a hike.

babybutterfly

Can I just ask another quick question to you guys in the know?

Do you know which court to search for CCJs on the trust online website?
Is it the England and Wales Orders & Judgments??
I thought I better double check there are no CCJs before I send them the letter.

Tixy

Yep, E&W orders & judgements. If there was a CCJ then it would be unlikely these chaps would be dealing with it - but doesn't hurt to check.