2001 loan

sourcrates

Boozyfloozy wrote: »

I have received the paperwork which I dont understand and I think the last time a payment was made to them was 4 July 2012 - how do I stand regarding can anyone advise me or point me in the right direction pleas

Does it say how much the payment was for, these companies have a nasty habit of inventing payments of 10p say, that do not exist, just to make it look as though its not statute barred.


Do you live in Scotland by any chance ?

Boozyfloozy

The payment was for £25 - no I live in England

sourcrates

Boozyfloozy wrote: »

The payment was for £25 - no I live in England

So you have to ask yourself, would your ex husband of made a part payment seeing as he was, or was about to go Bankrupt, unlikely is my guess.


Did you make the payment ?


Again, you would most likely of remembered doing so.


I think the £25 may of been either an internal payment by them, or never happened at all, you can never trust that what is written on a spreadsheet actually happened.

Boozyfloozy

Is anyone able to advise how I can proceed with this - do I write to them mentioning statue barred or should I ask about a payment plan

DCFC79

Boozyfloozy wrote: »

Is anyone able to advise how I can proceed with this - do I write to them mentioning statue barred or should I ask about a payment plan

Was a payment last made more than 6 years ago ?

sourcrates

Boozyfloozy wrote: »

Is anyone able to advise how I can proceed with this - do I write to them mentioning statue barred or should I ask about a payment plan

Hi,

Claiming a debt is statute barred, is not something you casually mention to a creditor.

Now would be a good time to tell them the debt is statute barred.

The July 4th 2012 payment, may be suspect, but even going by that date, by now the account will be statute barred, and that should form your approach from now on.


The relevant part of the Limitations act 1980 you are basing this on is section 5, and can be found here :


https://www.legislation.gov.uk/ukpga/1980/58


Send the statute barred letter to them that i linked to in my earlier post, from the National Debtline website.
Sometimes a creditor can claim that the cause of action date is the same as the default date, in some cases this may be true, but for a loan, it would be the date of the last missed payment, as the payment you told us about may be suspect, i think its time to send the letter.

Let us know what response you get.