Statute Barred Advice Please

Jonj1611

Hi,

I sent off a statute barred letter to a debt that I thought was over 10 years old, apparently they are saying I made a payment to them in June 2007. I cannot find any record of that payment on my bank statements.

Is there anything further I can do? Or am I stuck with this one.

Thank you

harrys_dad

Possibly send them the "prove it" letter? It is up to them to prove that you owe the debt. Do not acknowledge the debt at all though.

HappyMJ

Well...June 2007 is almost 6 years ago....you could wait it out a few months and it will drop off your credit report...are they planning on getting a CCJ against you?

fermi

Assuming you wish to reply, then you would reply denying that any such payment was made, and if they insist it was then that they provide the proof that they would seek to rely on in court. Otherwise you will have no choice to report them to the OFT etc.

Debt collectors are prone to conveniently dated "imaginary" payments, that when challenged turn out to have never existed.

Jonj1611

HappyMJ wrote: »

Well...June 2007 is almost 6 years ago....you could wait it out a few months and it will drop off your credit report...are they planning on getting a CCJ against you?

Hi,

It doesn't show on any credit reports, but doesnt the fact that I sent a Statute Barred letter say I am admitting the debt and the clock resets?

Jonj1611

fermi wrote: »

Assuming you wish to reply, then you would reply denying that any such payment was made, and if they insist it was then that they provide the proof that they would seek to rely on in court. Otherwise you will have no choice to report them to the OFT etc.

Debt collectors are prone to conveniently dated "imaginary" payments, that when challenged turn out to have never existed.

Many thanks for the reply, are there any like formal letters I would send them?

It's a real nightmare for me this as I am getting a DRO on Monday, but this debt if I have to put it on there will push me right near the 15K limit, if anyone adds just a bit of interest on any of the other debts between now and then I will be over I think

HappyMJ

Jonj1611 wrote: »

Hi,

It doesn't show on any credit reports, but doesnt the fact that I sent a Statute Barred letter say I am admitting the debt and the clock resets?

Where do you live? You may still owe the money just the creditor can't take court action. If you are going for a DRO then include this debt.

Jonj1611

harrys_dad wrote: »

Possibly send them the "prove it" letter? It is up to them to prove that you owe the debt. Do not acknowledge the debt at all though.

Having sent a statute barred letter haven't I already acknowledged the debt?

Worse bit is it was so long ago I don't even know what it was for and only barely recognise the name of the original company.

Jonj1611

HappyMJ wrote: »

Where do you live? You may still owe the money just the creditor can't take court action. If you are going for a DRO then include this debt.

Hi,

I live in Devon.

fermi

Jonj1611 wrote: »

Many thanks for the reply, are there any like formal letters I would send them?

You would basically write with points similar to the bullet points in this link.

http://forums.moneysavingexpert.com/showpost.php?p=52607897&postcount=3

FireWyrm

Jonj1611 wrote: »

Having sent a statute barred letter haven't I already acknowledged the debt?

.

No, you have to actually write something along the lines of 'I acknowledge this debt and propose to pay you 'x' amount over such and such a period'.

If you ever did owe the debt (which isnt certain from your post), you still do, but they cant enforce it, that's what statute barred means. In any case a 10 year old debt that has never been pursued is ridiculous and they are chancing their arm on the matter. The DCA make their money by buying these debts for pennies and then trying to frighten people into paying, hoping that those people are ignorant of their rights in the matter.

Just send them a stat-barred/prove it combination letter and ignore them. DCAs tend to invent imaginary payments which are just inside the 'cut off' also in the hopes that you cannot remember or have lost the paperwork and you believe them.

Dont be frightened. If it isnt on your credit file, it no longer exists for all intents and purposes. Ignore, or give them the finger, as you wish.