Statute Barred Advice Please

fermi

HappyMJ wrote: »

You still do owe the money but they can't take court action to get the money from you.

They can take court action, but the debt being statute barred would be a complete defence to any such action, and it should fail if you defend.

fermi

Jonj1611:

If you are still confused over what the best course of action might be, I would suggest that you give National Debtline a call freephone on 0808 808 4000. It's often much clearer talking things through one-on-one with someone than it is going back and forth on a thread like this.

fatbelly

Jonj1611 wrote: »

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

It'll be statute barred in June then

They would have to commence court action in the next four months and provide evidence of that payment which you suspect (and I do too) never actually existed.

Creditors usually invent a fictitious payment if you say a debt is statute barred.

You do not need to do anything. The ball is in their court and they must stump up the cost of a court claim if they want to challenge your position.

Jonj1611

Right, think the best thing to do is to leave it then until at least June, when the so called payment I made runs out.

But I just want to be clear, have I reset the clock or anything by sending the statute barred letter?

fatbelly

Not if you used the letter from here

https://forums.moneysavingexpert.com/discussion/2606811

but if it was statute barred anyway (as you assert it was) then there is no clock to reset. Their 'right of action' is lost.

Jonj1611

Hi

I used a template off national debtline but wording was pretty much the same I believe

Jonj1611

Just looked at it and its the same letter apart from this bit :-

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

Jonj1611

Right, I have looked into this and past payments etc, not that I can find any and I am just going to ignore them.

However I just want to ask as my appointment for a DRO is tomorrow, do I have to put this 'debt' on the DRO as its in dispute.?

Thanks

Jonj1611

Anyone know if I have to put a disputed debt on a DRO?

Thank you

fermi

The NDL template should not acknowledge it in theory. My template has that extra phrase as an extra precaution, that is all. If in doubt, call NDL. 0808 808 4000

A statute barred debt can be excluded from a DRO. But an imtermediary will normally want positive confirmation, or undisputed evidence that it is SB. If the DCA is disputing that it is SB, then an intermediary may refuse or be reluctant to exclude it.