Statute barred help please

kenchov1

Hi ive got a GE CAPITAL debt that was defaulted on 8/2/2007 and my last payment on the account was 30/11/2007

Could someone please help me with the following.

1) ON 30/7/2013 will this debt then become statue barred
2) What advice would you give me at the moment intime to do with the debt
3) The debt is with Aktiv Capital

HappyMJ

kenchov1 wrote: »

Hi ive got a GE CAPITAL debt that was defaulted on 8/2/2007 and my last payment on the account was 30/11/2007

Could someone please help me with the following.

1) ON 30/7/2013 will this debt then become statue barred
2) What advice would you give me at the moment intime to do with the debt
3) The debt is with Aktiv Capital

30th November 2013 if your last payment was 30th November 2007 and you have not acknowledged the debt in writing at any time since.

Pay it or ignore it. The choice is yours.

spacey2012

Are you sure you made a payment ? they do invent things.

kenchov1

Yeah Ive checked with the bank and yes I did defo. Where would I stand with that

jamesd

The payment delays the date at which it becomes statute barred.

Don't communicate with them about it. Be a completely invisible recipient of any communication attempts. It's not uncommon for there to be attempts to get in touch just before a debt becomes statute barred. Just let it happen unless you prefer to pay it. But better to let it drop off your credit record after six years first even if you want to do pay some or all of it.

The only time you need to communicate is if they actually start court action and you get letters from the court.

kenchov1

so does that mean come November this year it will be statue barred?

ALIBOBSY

Somewhere on here or on other debt forums and on the various debt charities websites they all have a letter which is basically a "prove it" letter. If you send this by the time they get around to replying this will likely be statute barred-ensure any correspondence you send has in big letters at the top that you do not acknowledge any debt-the "prove it" letters all seem to have this on.

TBH this close to the SB date you might be better doing nothing and just count the days.
What stage are things at? I.E Have AK recently bought this and sent a first letter to you?

I suspect if this was for a large amount or the original creditor and/or later debt collectors thought it was worth it they would have taken it to court before now. I would imagine AK have recently bought this dirt cheap from another debt collector in hopes of getting anything from you.

TBH as the other poster said, pay or ignore for two months, but if you can't stand to do nothing send the prove it letter to waste the time till it's SB.

If you just leave things and wait till November at that point send the statute barred letter, after that they are not supposed to contact ou again. Once SB it cannot be enforced in court, but they are allowed to ask for the cash once and as soon as you point out it's SB they shouldn't pursue at all. Be aware this may get sold on again to another debt collector and you may have to send a further SB letter, but eventually they will give up.

Ali x

ALIBOBSY

kenchov1 wrote: »

so does that mean come November this year it will be statue barred?

Yes it will.

Ali x

kenchov1

Ok brilliant that is really helpful. I will send them a letter saying prove it

spacey2012

Once they get a bite, they may file immediate CCJ papers.
As someone else said, lying low may be the best option.
But write to them, they know, you are the right person, you live at that address and you do owe the money and know it.
If they have anything about them once the bite alarm goes off they will either serve a statutory demand or file for a CCJ.
The time scales here are so critical they do not have time to risk it been the wrong person, so prepare for people knocking on the door or calling the phone attempting to get you to confirm your identity.

I would lie low and let the clock tick.

kenchov1

Well they have sent me the odd letter for a while and I have always ignored it. Im thinking if I send them a prove it letter then that will waste some time here