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BigHubby statute barred ? ?

Hi all hope you are all ok ....... i have a question for you i am currently being chased for a debt in Scotland by ARROW since last may 2013 and i believe this is now statute barred i have looked back on my records and the last payment made / taken by this debt was may 2008 i moved a few times since oct 2009 i tried to call them after a couple of payments were not taken and was told the branch was shutting and wait for correspondence which never happened and thought im not gonna continue to chase them any way last year about may time i applied for my credit score and it was then i started getting the DCA sending me letters in the mean time i got a council house and eventually started getting letters here it started off with a different DCA but this one has sent a few letters demanding payment which after finding out my last payment was in the same month the first DCA started contacting me i was advised it was statute barred and to ignore the letters i have now also received letters from a solicitor which i never opened just wrote return to sender i have looked on my file and my credit report doesnt say i have any CCJs can anyone confirm i am in the right and if so do i keep just sending these letters back as im thinking they will have no power to enforce it through court and either send a threat of harassment to the oft etc or just be ok to continue to return to send please many thanks in advance for your help :)
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Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    If you think it is statute barred then I would send a letter to say so.
    If you live in Scotland (now and when you took out the debt) then the debt is legally extinguished when statute barred. And if it is then that will stop the letters coming.

    https://www.nationaldebtline.org/S/factsheets/Pages/23%20SCOT%20Time%20limits%20for%20recovering%20debts/Default.aspx
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • BigHubby_2
    BigHubby_2 Posts: 18 Forumite
    edited 2 August 2014 at 10:56AM
    yea i took this loan in scotland and my last payment to them was may 2008 so it is statute barred isnt it ? i just really need help to confirm im now in the right ? and the fact i have no ccjs on my credit file means the solicitors cannot inforce it please ?

    yea i have checked back and the last payment i made to the loan company was may 2008 which is 6 years right ?
  • Tixy
    Tixy Posts: 31,455 Forumite
    It wouldn't be a CCJ in Scotland, it would be a decree. But if there are no court orders in the court order section then that would imply that they haven't taken court action against you.

    What type of debt was this initially? (Card/loan/overdraft etc). Overdrafts are slightly different to cards and loans when it comes to being statute barred and may not be as clear cut.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • BigHubby_2
    BigHubby_2 Posts: 18 Forumite
    edited 1 August 2014 at 9:43PM
    it was a personal loan and it doesn't mention any Crees or ccjs just says i defaulted which is a number eight on the credit report i got from experian above the amount owed, i believe just been previously advised either send a state letter or ignore the solicitors letters as theres nothing they can do its just a bully tactic also was advised not to open em just send em back as not to confirm the address they have is the right one but just want to put this too bed so to speak
    many thanks i also cant see any sections anywhere on the report saying about court actions or not so now confused
  • BigHubby wrote: »
    yea i took this loan in scotland and my last payment to them was may 2008 so it is statute barred isnt it ? i just really need help to confirm im now in the right ? and the fact i have no ccjs on my credit file means the solicitors cannot inforce it please ?

    Even if you now live in England it would be statute barred now, based on the information you have supplied.

    It's not impossible that, if you contact them, they would 'find' a payment that you made 3 years ago but lying to you and lying to a court are two separate issues.

    They can commence a court claim but you have a potential defence to that action.
  • BigHubby_2
    BigHubby_2 Posts: 18 Forumite
    edited 2 August 2014 at 10:57AM
    i have bank statements that prove no payments have been made since 2008 and 99.9 percent sure none have been in the last 3 years as i would of been in the red and only have one d/d set up on my account so sorry to sound like a broken record do you believe this is unenforceable and should i just ignore these nuisance solicitors letters please ? ? ? ? again many thanks in advance


    i was also advised unless you receive an official letter from a court or something you need to sign for from the solicitors or DCA then just take it as empty threats ? ?
    yea i have checked back and the last payment i made to the loan company was may 2008 which is 6 years right ?
  • spicefox
    spicefox Posts: 21 Forumite
    Request a SARs from them and CCA.

    If you are sure your last payment and/or acknowledgement is from 08, you arent legally obliged to pay it.
    DFW NERD NUMBER: 1479
    Debt Free ETA: 30/04/2017
  • BigHubby_2
    BigHubby_2 Posts: 18 Forumite
    sorry wots SARs and cca ?
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    SAR is a subject access request. I think it costs £10 and basically the company has to supply all the details they have on you.
    CCA is a request under the consumer credit act. Basically the idea is to see whether they have the original paperwork and whether it is legally correct. A while ago creditors had to supply a signed legal contract and I think there were other criteria it had to fulfil. Recently the 'loophole' has been closed and creditors are now able to get away with a reconstituted credit agreement as far as I am aware.
    I personally don't think there is any mileage trying to go down this route. If the debt is statute barred then either ignore all correspondence unless it is actual court papers or write back and tell the creditor the debt is statute barred. It is then up to the creditor to prove it's not statute barred. You may want to do a SAR but it is really up to the creditor to prove a debt is not statute barred so I'd personally save my £10.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • BigHubby_2
    BigHubby_2 Posts: 18 Forumite
    many thanks il just ignore and return all letters unless i get an official letter from the courts but was told if i ignore the letters then theres no chance of a door step visit even if it is statute barred .... thoughts ? many thanks again
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