Statute Barred Confusion

toby_puppy

Hello, just wanted to check on a situation please, re. a debt that hasn't been paid since December 2006 - the creditor sent a letter regarding the debt in October 2012 saying to urgently contact them.

Someone has told me that because we rang them back in October 2012 when we received the letter, that this counts as acknowledgement. Is that true?

They said if the creditor had rang me, then that would be OK, but because I rang them back just before the six years was up then that would stop it being statute barred.

However, we haven't put anything in writing to say we agree that the money is owed, nor have we made any payments between December 2006 and February 2013.

On MSE, I have read that Acknowledgement must be in writing and signed by you. Nothing else counts as acknowledgement.

Could anyone clarify the position please?

I have got another thread on this forum which outlines the letters which have been received etc, but just wanted to start this thread to clarify the position regarding what counts as acknowledgement.

Thanks,

RAS

In line with what you were told yesterday.

Acknowledgement has to be a payment or written acknowledgement by the debtor.

However, a letter contesting the validity of a debt is NOT acknowledgment.

toby_puppy

thank you RAS

fermi

toby_puppy wrote: »

Someone has told me that because we rang them back in October 2012 when we received the letter, that this counts as acknowledgement. Is that true?

Nope. Quite frankly, whoever told you that is talking a load of spherical objects.

fermi

Limitation Act 1980 states clearly that:

30 Formal provisions as to acknowledgments and part payments.

(1) To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

spacey2012

Post up details and exact dates and Board guru Fermi will be able to confirm if the debt is barred.

toby_puppy

spacey2012 wrote: »

Post up details and exact dates and Board guru Fermi will be able to confirm if the debt is barred.

Thank you for that, here goes:

These are actual letters received, just wanting to run it by members see if it's feasible to send a Statute Barred Letter:

9 Nov 2012
Capquest Debt Recovery
Balance 2080.63
Account purchased from Barcalys Partner Finance fmly Clydesdale

We confirm receipt of your email dated 8 November 2012. (this was the one where my partner asked if he could have a copy of the original agreement, as he doesn't remember what was owed)

Please note that legal action was issued on this account and judgement was entered on 23 November 2006.

This account is a Barclays Partner Finance account, with regards to a Clydesdale fixed term loan. The account was opened on 1 August 2001 and was last paid on 21 December 2005. The account was assigned to Capquest on 30 March 2006 due to non payment.

We are willing to discuss with you a payment arrangement, etc etc
(he rang and asked them to supply a copy agreement)

Another letter from Capquest dated 19 Feb 2013

In response to your request for copy documentation, please note that it is the OFT's view that a creditor is not obliged to supply copy documents under sections 77 to 79 of the Consumer Credit Act after judgement is obtained. We reiterate that we are willing to discuss with you a payment arrangement etc.
(this is when he panicked and set up a £50 per month dd)
.................................................. .................................................. .....

Letter from Clarity re Citifinancial dated 12 October 2012
Our client Britannica Recoveries
Balance £6083
Loan Taken out 13 November 2003
Last payment made December 2006
(my partner rang them in October 2012 and asked them to send a copy of the original agreement to him as he didn't even remember taking it out and they emailed it to him on 31 January 2013. The agreement showed the date it was taken out as 13 November 2003. He then rang them up in February 2013, paid off the odd £83 by debit card and set up a direct debit of £50 per month).

Neither of the £50 direct debits have started, due to start in April 2013.

He has cancelled payment arrangement direct debits and is going to write to them the standard letter - I'm just hoping he won't be in trouble for cancelling payment arrangments made over the phone.

fermi

toby_puppy wrote: »

Please note that legal action was issued on this account and judgement was entered on 23 November 2006.

If a CCJ was obtained then, then it cannot be statute barred.

toby_puppy

fermi wrote: »

If a CCJ was obtained then, then it cannot be statute barred.

Thank you.

So is he legally bound to arrange a payment plan with them then?? ?

There aren't any CCJ's shown on the credit file, assuming they would disappear after 6 years and that's why.

Not sure if the other debt for £6083 had a CCJ as they haven't mentioned anything about one and he is reluctant to ring them up now.

What is the best plan of action do you think?

spacey2012

He needs to do a CCJ search, they could be bluffing and have done so on many occasions. http://www.trustonline.org.uk/
Also a £10 subject Access request to them capquest Demanding copies of all files, paperwork and judgements they hold in relation to this case or file.
Once you know what they have on file the advice can be tailored.

toby_puppy

spacey2012 wrote: »

He needs to do a CCJ search, they could be bluffing and have done so on many occasions. http://www.trustonline.org.uk/
Also a £10 subject Access request to them capquest Demanding copies of all files, paperwork and judgements they hold in relation to this case or file.
Once you know what they have on file the advice can be tailored.

thank you Spacey, I'm just checking that link and it asks for the address.

My partner has lived in multiple addresses over the last ten years, so will entering the current address be sufficient and reveal everything, or is there an option on this website to enter other addresses (could be at least half a dozen). I'm just on the first screen where you can search an individual.