stautate letter

redhottodd

Hi first time on here so don't know if I will get this right...could aomeone please advise on how I go about writing this letter and who to...and old debt has caught up with me and I am pretty sure that is about 6 years old, there has been a company sending letters for some years which I have ignored because at the time I could do nothing about the debt but now I have had a letter from the bailiff saying they are coming to demand payment I think the debt is statuate who do I send the letter to the bailiff or the asset investment group that were chasing the original debt from a credit card company?

RichL74

I think if you have received a letter from a baliff then whoever it is needs to have lodged a CCJ against you in court - you'll probably find its doorstep collectors as opposed to actual baliffs - double check?

Also, have a look here:-

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

bobobins

Hi there, from what you say, the debt does not appear to be statute barred. It becomes statute barred after it has not been acknowledged for 6 years. You state that they have been sending you letters with regards to it, this would reset the amount of time needed for it to become SB. It would not become SB simply because you havn't made a payment in that time or acknowledged it yourself.

RichL74

They might have been sending letters however if the O/P chooses to ignore them and not have any contact with them for 6 years then the debt is statute barred - they can send as many letters as they like, as long as they have not been acknowledged them or any payments have been made then it wont 'reset the counter' every time they send a letter.

RichL74

From National Debtline:-

A simple contract debt will normally be statute- barred if:

• the creditor has not already obtained a county court judgment (CCJ) against you;

and

• you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years;

and

• you have not written to the creditor admitting you owe the debt during the last six years.

fermi

RichL74 wrote: »

They might have been sending letters however if the O/P chooses to ignore them and not have any contact with them for 6 years then the debt is statute barred - they can send as many letters as they like, as long as they have not been acknowledged them or any payments have been made then it wont 'reset the counter' every time they send a letter.

Correct. The creditor could send a letter every day for the entire 6 years, and it would still not stop the 6 years running and the debt becoming statute barred at the end of it.

Unfortunately there is a lot of duff info out there on websites that should know better, so myths like "the creditor writing restarts the clock" are still quite prevalent.

RichL74

Thanks fermi, I was 90% sure I was posting correct info but thanks for clarifying.

redhottodd

thanks everyone for the advice. I am pretty sure there is not a ccj on this debt because I would have been notified of this and I have not, so does that mean that I have to pay the bailiff if he calls or can I refuse to

RichL74

I would check one of your credit reports see if any CCJ shows up there if you are adamant it is a bailiff and not a doorstop collection agent they are saying they are going to send.