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Old Debt - Do debtors acknowledge its Statutory Barred.
Maineman1985
Posts: 2 Newbie
Hi,
I received a letter tonight about debt from roughly 8/9 years ago. It claims a new company has taken over the debt and that I need to pay. I have not made a payment on this since at least 2010, it doesn’t show in my credit file and I’d long forgotten about it. I am going to write and advise that it should be SB and that I don’t expect any further correspondence from them but I just wanted to hear from others in this position.
Do these companies acknowledge that it’s SB or am I to expect letters through the door asking for payment every month?
Should I acknowledge the letter or ignore it?
Any advise greatly appreciated.
I received a letter tonight about debt from roughly 8/9 years ago. It claims a new company has taken over the debt and that I need to pay. I have not made a payment on this since at least 2010, it doesn’t show in my credit file and I’d long forgotten about it. I am going to write and advise that it should be SB and that I don’t expect any further correspondence from them but I just wanted to hear from others in this position.
Do these companies acknowledge that it’s SB or am I to expect letters through the door asking for payment every month?
Should I acknowledge the letter or ignore it?
Any advise greatly appreciated.
0
Comments
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You need to be careful, as corresponding with them could re-set the SB clock. I'm currently fighting a 2011 debt through the courts.
This may help:
https://debtcamel.co.uk/statute-barred-debt/0 -
Send a statute barred letter/email but make it clear you are NOT acknowledging the debt.
They are probably trying their luck - most likely you won!!!8217;t hear back from them if you rat them out0 -
Maineman1985 wrote: »
Do these companies acknowledge that it’s SB or am I to expect letters through the door asking for payment every month?
Either or both.
They're not mutually exclusive.0 -
You send the statute barred letter to them.
The onus is then on them to prove it isnt.
Ideally they should confirm the status of the account one way or another, but most likely you just wont hear from them again.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Hi there
If you use a statute barred sample letter from a reputable source it will be worded so you are not acknowledging the debt and the 6 year limitations period will not be reset. Some companies will recognise you know the debt is statute barred and that they are unable to prove otherwise. They may write to you to confirm this and others may simply stop contacting you.
The one thing creditors should not do is continue to pursue you for a debt you have told them is statute barred unless they have been able to show you proof that is not the case.
Best wishes
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Maineman1985 wrote: »Should I acknowledge the letter or ignore it?
Any advise greatly appreciated.
Ignoring it would be a bad move, as they can still take action through the courts, and win by default, if you do nothing.
Once this has happened the limitations act no longer applies.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thank you for all your replies they have been really helpful. I have sent them a template letter to state I believe this debt is to be statutory barred and asked for proof that it is not. Will wait to hear back from them on this.0
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