Dlc Statute Barred??

Unluckylizabeth

Just wondering if anyone can offer any help or advice.
I have just received 13 statements from DLC regarding a debt they bought from Argos card services back in 2009 all dated 18/02/2016.
Through one thing and another (mainly mh issues) I failed to make payments on this account and have not heard from them for over 18 months and didn't respond to their contact. The last payment I made to them was on 06/02/2010 which shows on one of the statements as being paid to Frederickson and not them. I can't remember wether or not I have contacted them with an offer of payment.
I find it very strange that they have completely out of the blue sent me all of these statements 6 years and 12 days after my last payment or contact with them.
Question is what do I do now?
I do understand that I still owe this debt, but surely they shouldn't be chasing this debt any longer.
Any advice would be greatly appreciated, thanks in advance.

fermi

If your last payment was to Fredricksons, a debt collector, on 06/02/2010, as it was in hands of a collector the agreement was likely defaulted and ended before that.

If you have not made any payment or signed acknowledgement in writing by you since then, then it may be be statute barred.

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

If you are not sure, or perhaps just to be on the safe side anyway, I would give National Debtline a call on freephone 0808 808 4000 to talk through with them what they think the legal status may be.

National_Debtline

Hi Unluckylizabeth and welcome to the forum.


Fermi's advice is spot on. It's not as unusual as you might think for a debt collector to contact someone out of the blue after many years of silence, but that doesn't necessarily mean the debt is still legally enforceable now. You are right to seek advice and I would refrain from making any contact with DLC just yet. Feel free to contact us as per Fermi's suggestion if you need to clarify your position.


Dennis
@natdebtline

Unluckylizabeth

Thanks for replies,
I've been reading up as best I can on here trying to get my head around the whole statute barred issue and it's thrown another question into the mix.
What happens on my credit file?
If this is statute barred and dlc confirm this do they have to update my credit file and does it still stay on there for the next six years?
(hope this makes sense, I'm not the best at explaining things) ��

National_Debtline

Hi again

Unluckylizabeth wrote: »

Thanks for replies,
I've been reading up as best I can on here trying to get my head around the whole statute barred issue and it's thrown another question into the mix.
What happens on my credit file?
If this is statute barred and dlc confirm this do they have to update my credit file and does it still stay on there for the next six years?
(hope this makes sense, I'm not the best at explaining things) ��

Don't worry, your question makes perfect sense.


The account will drop off your credit file completely six years after the default date, whenever that is. This may already have happened by now - as Fermi pointed out, this debt was already in the hands of a debt collector (and thus very likely already defaulted) in February 2010.


Have you looked at your credit report recently? If there is no trace of the debt on there at all, that would support the above theory. There would then be no need or cause for DLC to add any fresh information on there now.


Hope that answers your question.


Dennis
@natdebtline

fatbelly

Just because they have sent statements does not mean you have to do anything. I would keep them safe though.

In the unlikely event of a court claim, unless they have a record of you acknowledging the debt in writing, then on their evidence the debt became statute barred on 7/2/2016, which would be a strong defence should you ever need it.

Unluckylizabeth

Ok, so a quick update.
Received a letter from DLC today which reads:

Important information about your account

On 1 March 2016 ME III Limited bought your account from Hillesden Securities Ltd. ME III LIMITED and HILLESDEN SECURITES LTD ("dlc") are both part of Cabot Credit Management Group.

Although ME III Limited ate now beneficial owners of your account, dlc will continue to manage your account on their behalf. All communication and payments should continue to be made to dlc.

We would like to speak to you to discuss your account please contact us to discuss your options.


So question is - what do I do now?
I don't want to ring them what should I say in my letter, as this is now statute barred.

Thanks for any info in advance.

Unlucky :$

fermi

Statute barred letter is here ---> https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-06.aspx

As said previously, I would call National Debtline on 0808 808 4000 before sending that.