Help with statute barred debt

Yoshim

Hi everyone,

I wonder if anyone can help. I have a statute barred debt from a previous credit card. However, i didn't actually realise it was statute barred until today (i have only just found out this exists!). I didn't make a payment or contact the DCA for 10 years, but recently received a collections letter and decided i wanted to get rid of the debt so have made a payment and arranged a payment plan

After speaking to the national debt line today they have informed me about statute barred debts and that i should just send them the statute barred letter. My question is can i still do this now i have made a payment?!

Please help!

Thanks! Yoshi:D

fermi

Yes, you can.

There is a letter in this link that could be used straight off, or as a response if they try to claim it's not statute barred due to the recent payment, and you want to refute that claim.

See: http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

sourcrates

Yes, once statute barred, nothing can undo that status.

Yoshim

Thanks Fermi and Sourcrates! Thats really assured me! I will cancel the remaining payments i have set up and send them the statute barred letter! Will let you know how i get on!

Yoshim

So..just following on from this. I sent Cabot Financial the statute barred letter on the 3rd April and cancelled the further direct debit payments with my bank. I received a letter from them today 8th April - with another confirmation that they had set up a direct debit. I thought this was strange as i had definitely cancelled it so they have obviously ignored my letter and set up another one without my consent!! I couldn't believe it!

I have blocked them with my bank from setting up further direct debits. Does anyone have any advice as to what to do next - or what letter to send? The debt is well over 10 years old and i didn't contact them or make a payment within this time. I only stupidly did this recently before hearing about statute barred debts.

Can anyone help?!

Thanks

Yoshi

fermi

DCAs are often slow at responding to and acting on correspondence, so their response to your SB letter may be yet to come.

If they try anything else then you can write with a formal complaint, and demand they deal with the issue or you will be going to the FOS and reporting them to the FCA.

Yoshim

Hello Fermi,

I wonder if you can help! Following the statute barred letter I sent in April, Cabot have now sent a letter back claiming the account is not statute barred as they state a payment of £10.00 was made on the account in June 2011. I know this to be completely fictitious. They also state as it was most recently acknowledged by me in February of this year, the right for them to recover the amount is not statute barred.

I have put together this letter from some templates i found previously on other sites. Does this look okay to send in response or would you add anything? I did speak to someone from Cabot which is referred to in the first paragraph. The employee i spoke to confirmed the account was statute barred. When i requested it be closed. He spoke to his supervisor and then came back on the phone to claim a payment in June 2011 had been made! Should i refer to this call in the letter or take it out? Any help would be appreciated!!

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

I am writing in response to your letter dated 20th May 2016. As your company is well aware the alleged debt is statute barred and this was confirmed verbally by the employee I spoke with on 15th April. Please check your record of this call. Therefore I will not be making any payment.

Although a payment was made on 28th February 2016, this account was already statute barred. It is clear that there was a period of 6 years where no acknowledgement or payment of this debt was made. The Limitation Act 1980 clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

Consequently this debt is and remains statute barred under the Limitation Act 1980.

Cabot Financial have also claimed that a payment was made to this account in June 2011. I have no knowledge of any such payment and repudiate the claim that any such payment was made by me or any third party on my behalf, furthermore Cabot have not provided unequivocal proof of how this spurios payment was made or by whom it was made, therefore the debt remains statute barred.

Should you persist in claiming a fictitious payment, then I will report you to the OFT and trading standards, and consider informing the police that you are attempting to obtain monies by false representation.

I would ask that no further contact be made concerning the above accounts unless you can provide
proof of payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act.

I await your written confirmation that this matter is now closed.

This letter is sent by RM recorded delivery and receipt will be checked.

Yours sincerely

[Deleted User]

You ask for no further contact unless they can prove the debt, but also confirmation from them that the matter is closed.

Which one do you want?

Yoshim

Good point! This was a merge of templates. Which would you recommend?

Yoshim

Good point! This was from a merge of templates. Which would you recommend? Ideally I wish they'd just leave me alone!

[Deleted User]

I'd go with confirmation it's closed.