Statute Barred??

JacJP

Hi - I wonder if anyone can help me. I have a so called debt and have DCA chasing me. The original debt was created from an administration charge for a chaser letter which crossed with a payment for goods. The debt was originally created in January 2008 in the sum of £12 but is now £143. Since 2008 I have had numerous different DCA attempting to obtain payment from me. I have offered to pay the original £12 but it has not been accepted. I received a further letter today and telephoned the DCA and said once again I was prepared to pay the original £12 but they wanted a full disclosure of my income and expense which I was not prepared to give them as I fell it is none of their business! They could not accept the offer without that information! Following the call, I checked my old paperwork and see that it was January 2008. Are they statute barred from chasing me for the amount now? If they are, do I write or telephone to tell them so and to stop harrassing me, or do I just ignore any further communications from them? Many thanks in advance for any advice you can give me on this.

molerat

Is offering to pay considered acknowledging the debt ?

marliepanda

Offering to pay is acknowledging the debt, so it is not statue barred.

What is the additional money made up of? The debt is £12, but the DCA are allowed to add some charges, and will there have been any interest?

JacJP

The additional money is charges by the Catalogue company chasing the original charge for admin letter. No doubt each of the DCA's have added their bit into it as well. So by offering to clear the original £12 each time then have I cancelled the statute barred period? Or is actually making a payment the thing that cancells the statute barred period?

[Deleted User]

JacJP wrote: »

So by offering to clear the original £12 each time then have I cancelled the statute barred period?

It depends if the offer was in writing, or verbal.

JacJP

I wrote back in November 2010 offering £12. Since then it has always been verbal.

[Deleted User]

Then the SB date runs from November 2010, meaning it will be SB in November 2016.

undaunted

If it had been verbal & without proof you may have gotten away with it but if you've written in 2010 then you have admitted owing them £12 & they have until Nov 2016 to chase you for it.

That said if they don't accept the £12 & you don't offer / pay them more then they get nothing unless they fancy taking it to court.

You do not have to talk to these people if you don't want to.

It's also for them to prove it's not statute barred not you to prove that it is should you make that defence in court. Have the catalogue or debt collector chasing you now got a copy of that letter do you think?

You can if you wish write & tell them that you deny the debt, will not be discussing it further & therefore do not wish to hear from them again unless / until they wish to take it to court.

JacJP

OK that is great - thank you. I wont even bother telephoning them anymore. Once the SB date starts, do I just continue ignoring their letters or do I call/write asking them to desist harassing me any longer?

undaunted

Its not illegal for them to ask you to pay a statute barred debt (they just can't enforce it in court if you don't).

You should therefore probably make a definite statement that you consider the matter statute barred and therefore closed, hence do not wish to hear from them further once that time comes.

Thereafter you could argue harrassment if they continued to contact you.

I definitely wouldn't telephone them in the meantime - you're just encouraging them to keep ringing you if you keep speaking to them. If you do have anything to say then put it in writing - making sure that its clear that you deny the debt when you do so.

The cynical suggest being careful with your signature too - as it's claimed some less ethical co.s will forge letters acknowledging the debt if they have a valid signature