Is this a letter I should be worried about?

abby1234519

Debt is not statute barred but is no longer on credit report.

Amount due is 632.59 for an overdraft from years ago (HSBC)


Sorry it's wonky, scanner broke!

National_Debtline

Hi Abby,


If you are being chased for a debt that you believe is statute barred then you can respond with our sample letter. It asks the creditor to prove it is enforceable (that there has been a valid payment, written acknowledgement or CCJ in the 6 years since it feel due). If they can't do this hey should stop contacting you. If they continue to contact you then you can complain about their behaviour as harassment under the FCA guidelines.


Laura
@natdebtline

abby1234519

It's not statute barred as I last paid £1 to it maybe a year or 2 ago I'd have to check.

I'm just not sure if this letter is really a threat or not. I don't want to ignore it and then get a CC summons. But it's also not on my credit report anymore.

I'm paying all of my debts back but not this one at the moment

sourcrates

Hi,

Makes no difference if it appears on your credit file or not, it is still a valid debt, especially as you admit making payments towards it.

Howard cohen are Robinson ways tame solicitors, a company you should not trust one little bit.
The letter you have received could be construed as a "notice before claim" to comply with pre-action protocols, or they might just be tightening the screws a little, it's impossible to tell unfortunatly.

You would be wise to send a provit letter, and then make some kind of offer to them, if they can prove the debt, as there next step could be litigation.

abby1234519

sourcrates wrote: »

Hi,

Makes no difference if it appears on your credit file or not, it is still a valid debt, especially as you admit making payments towards it.

Howard cohen are Robinson ways tame solicitors, a company you should not trust one little bit.
The letter you have received could be construed as a "notice before claim" to comply with pre-action protocols, or they might just be tightening the screws a little, it's impossible to tell unfortunatly.

You would be wise to send a provit letter, and then make some kind of offer to them, if they can prove the debt, as there next step could be litigation.

My post sounds like I was not intending to pay however thats not the case. I'm currently not paying as I had asked for a statement 3 times and didn't receive a reply. I said in my last letter that I would halt payments until I received an up to date statement. Subsequently I have not heard from them until a couple of months ago when its gone to Robinson Way. They've obviously bought the debt from the last DCA.

I might try them with a F&F, is there any point me sending a prove it when I know I owe it?

sourcrates

abby1234519 wrote: »

My post sounds like I was not intending to pay however thats not the case. I'm currently not paying as I had asked for a statement 3 times and didn't receive a reply. I said in my last letter that I would halt payments until I received an up to date statement. Subsequently I have not heard from them until a couple of months ago when its gone to Robinson Way. They've obviously bought the debt from the last DCA.

I might try them with a F&F, is there any point me sending a prove it when I know I owe it?

Debts get sold on all the time without a shred of paperwork changing hands, which legally means they can't chase you unless they provide it when asked.

On an old bank account it's a bit more tricky as no agreement exists, but they should still send proof, it also may help your bargaining position with regard to a full and final.

abby1234519

sourcrates wrote: »

Debts get sold on all the time without a shred of paperwork changing hands, which legally means they can't chase you unless they provide it when asked.

On an old bank account it's a bit more tricky as no agreement exists, but they should still send proof, it also may help your bargaining position with regard to a full and final.

Ah I see! I shall draft a prove it letter

Thank you very much

abby1234519

Darn it, got another letter threatening court action.

I'm pretty sure it becomes statute barred this year - how to put them off til this date has passed? I did sent them the prove it letter and they responded a few months ago. Unfortunately that paperworks gone missing in my house...

StopIt

abby1234519 wrote: »

It's not statute barred as I last paid £1 to it maybe a year or 2 ago I'd have to check.

I'm just not sure if this letter is really a threat or not. I don't want to ignore it and then get a CC summons. But it's also not on my credit report anymore.

I'm paying all of my debts back but not this one at the moment

abby1234519 wrote: »

Darn it, got another letter threatening court action.

I'm pretty sure it becomes statute barred this year - how to put them off til this date has passed? I did sent them the prove it letter and they responded a few months ago. Unfortunately that paperworks gone missing in my house...

These 2 posts contradict each other a bit.


if you paid even £1 in 2014/2015, the debt will not be Statute Barred until 2020 at the soonest, so you need to confirm when you last made a payment.


If they sent you the paperwork in response to the Prove-It letter, it isn't viable to dispute it if you've lost it, so try to find it to see if the paperwork is valid.


If it is valid, you need to arrange a payment plan to avoid court action, and if it isn't valid, tell them that they haven't proven the debt correctly.

abby1234519

StopIt wrote: »

These 2 posts contradict each other a bit.


if you paid even £1 in 2014/2015, the debt will not be Statute Barred until 2020 at the soonest, so you need to confirm when you last made a payment.


If they sent you the paperwork in response to the Prove-It letter, it isn't viable to dispute it if you've lost it, so try to find it to see if the paperwork is valid.


If it is valid, you need to arrange a payment plan to avoid court action, and if it isn't valid, tell them that they haven't proven the debt correctly.

My first post was before I knew when I had last made a payment to the debt. As I can't find the paperwork again, I think I'll just see if they will accept a settlement to get them off my case!