Statute barred debt & Default reporting to CRA's

fatbelly

If they commenced court action on, say, 1 March 2012, then you would defend the claim as Statute Barred under the Limitation Act etc. They would then have to provide evidence that you acknowledged the debt after 1 March 2006.

Keep us updated with developments...

Simon7685

Update

I have received another letter dated 17/02/12 from Horwich Farrelly, it reads;

***A quick way to solve a long overdue problem***
We understand in difficult times how worrying it can be to work out how to pay overdue accounts. Our aim is to help you clear up this long outstanding problem account, once and for all.

We will mark your account settled if you pay just £(half) of the balance you owe. Which we may even let you pay over 6 monthly payments. Call us now on 0800 121 6904 to set up a direct debit or agree how you will pay and then at least this account can be a weight off your mind.

If you prefer not to talk to us you can deal with this online at our website www.robway.co.uk or email us [EMAIL="payline@robinson-way.com"]payline@robinson-way.com[/EMAIL].

If this is still beyond your means, please talk to us. We can offer help and advice no matter how serious your financial difficulties.

So my thoughts on this are it must be staute barred already, otherwise would they offer to wipe off 50% of the debt? Surely they would just commence legal action as they threatened in the previous letter?

I have had everything out looking for the last communication I had relating to the original debt but can't find anything I am pretty sure it was over 6 years ago but can't be 100% sure. So do I just continue to ignore the letters or send them a staute barred letter?

give_them_FA

Good thinking Simon, no-one would settle for half if they could collect the full amount, would they? You have done well ignoring, by the time they finish sending their series of template letters it could be statute barred for sure if it isn't already. You challenged the last lot to take you to Court and they backed off, remember, these will pretty certainly do the same as there's a good chance the paperwork could be incomplete and they may not have a case. Sit tight. Worst case they do take you to court, tiny chance of it, but you could pay then and it would not be a CCJ.

By the way I suggest you edit to remove the figures, which could help them identify you if one of their trolls is scanning this forum- as happens.

Simon7685

I think I wil just continue to sit tight on this for now, as we are talking over £2k, I think if they were in a position to take action through the court, they would, as they threateneed to do before offering me this offer.

I did notice on my credit report that Robinson Way did a search last September, presumably related to this latest round of action. Are they at liberty to do this?

If I am right and it is now statute barred, can they still go about making enquiries to my credit file which is obviously for tracing action to confirm my current address?

If not then how do I stop them doing it?

Thanks for the advice guys

fermi

---> Can debt collection company legally access my credit report?

Only you can see it, so it's not something worth being concerned about.

give_them_FA

Having read your previous post I see that the bulk of your "debt" consists of unlawful charges. You should be able to reclaim the PPI which you were clearly mis-sold. No one will want to take a mess like that to the small claims court, it will end up costing them more than they could hope to recover; even if they are in a position to get anything off the ground at all.

As soon as you are sure it is statute barred you can write to them and tell them to eff off and that any further inquiries to your credit record will be the subject of complaint to OFT.

gemma_louise_2

this is interested as i had a credit card soon as turned 18 - (now 26)
and never heard anything from age of 19-20 from them
i recieved a letter last week from a debt company and i rang up and started to pay payments.
so me personally found this thread interesting and wish i read it a week ago!

Tixy

gemma_louise wrote: »

this is interested as i had a credit card soon as turned 18 - (now 26)
and never heard anything from age of 19-20 from them
i recieved a letter last week from a debt company and i rang up and started to pay payments.
so me personally found this thread interesting and wish i read it a week ago!

Gemma your debt could be statute barred still. If there was a period of 6years where you didn't pay them anything at all, and didn't write to them to acknowledge the debt, then its statute barred even if you've paid them somthing last week.
Thats why we asked on your thread for information about when the debts were from and what times you were paying. Have a read of the factsheet on statute barred debts and check if there was a 6year period. Statute barred debts and the Limitation Acts
If they are statute barred you do not need to pay any more to it.

give_them_FA

Gemma-Louise, you need to look carefully at this.

If there was a gap of more than 6 years between your last payment (when you were 19-20) and when you started to pay again last week, then the debt is statute barred and you have no need to continue paying. Once a debt is statute barred, it does NOT become payable again just because you have been pressured into paying something.

What you need to do is to not make ANY more payments until the issue is determined. You need to contact whoever you are paying and ask them to provide the CCA and the history of payments on this card. If they can't do that, then they cannot in any case take it to court. Even if it is not, in fact, statute barred. It's the "Prove it!" that you will find in the stickies, I believe.

Simon7685

I am glad that hopefully this thread will help you out Gemma Louise, the information you can get and things you can learn are priceless really. There are so many knowledgeable guys on here who are prepared to help others out and give us the benefit of their advice, so thanks to all of you.