Statute Barred? Expert Advice Needed

singlezero

Hi,
I received a letter from Robinson Way around a year ago stating that I owed £1000 to a credit card company years ago. I checked my credit records and saw that this had been attached to my record with a default date of just over five years ago.
I called them as requested and told them that I had no knowledge of the debt and to send me the signed agreement. They agreed to this after many months of threatening letters and my calls responding them only to be told to 'ignore them' while they got a copy of the agreement, I stopped responding to the letters, calls and texts.
Roll on a year and the default date has passed six years, the record has been removed from my credit file and everything had gone quiet.
I am now getting missed calls and repeated texts to my mobile daily, along with letters informing me that 'unpaid debt may affect your ability to obtain credit'. Just to top this all off, I have received a letter from Horwich Farrelly Solicitors giving me 10 days to take action or else 'court action may be taken against you unless you take steps to resolve the matter quickly'. I have seen people write of their close association and even perhaps working from the same office, but doesn't feel good receiving a solicitors letter for court action. Of course the calls and texts continue to come.

I would like to ask for your seasoned and expert advice about what to do next (and beyond).

Is the debt statute barred? I have not acknowledged at any stage that I have knowledge of the debt and it's well over 6 years now from the default date, though I have said that I lived at the location around the time (there are four flats with communal entry at the same address).

What court action are they able to take against me at this stage? Can it result in being put on my credit record again?

Please let me know of the best way to deal with these people, as it is causing me a reasonable amount of stress that I could do without right now. I no longer wish to speak to them as I feel I have made a huge mistake in doing so in the first place and giving them my contact details to harrass me at will.

Your help would be greatly appreciated.

fatbelly

If you haven't acknowledged the debt by payment or in writing, for a period of six years, then it's statute barred. The default date is pretty much irrelevant

They could start a court claim, and a successful one would result in a ccj which would appear on your file. But if you are sure about the dates then you have a defence to this and could send this letter (I've amended the standard one a little). They cannot put the debt back on your file.

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

The last acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

Any attempt at Court action will be defended on that basis.

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "pursuing the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period" and "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" may be unfair or improper practices.

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other

Forwandert

The wording on the letter basically says how serious the court threat is. If it was a serious threat if you didn't pay them court action would be taken against you. Due to the fact its not a serious threat as they can't and are basically trying it on there wording is they may take court action. Its just a hollow threat.

singlezero

Thank you so much for taking the time to reply fatbelly and Forwandert! I will get straight onto this and hopefully get a line drawn under it. Manythanks!