After Default Clean

intotheworld

Hi Everyone

I had credit card debt at 2009 , couldn't pay around 6 month afterwards i got default on my credit history. So when i get this default i never paid anything to them. After few years later i had around £1500 cash , offer them clean my balance , they didn't accepted. Before few months of 6 years ending they offer me this £1500 for clean off my balance but this time i did not have money.

Anyways my default period of 6 years its finish few years ago. In march i bought a house , after few months letter they start sending me letter to my new house again and they threatening me to bankruptcy and not offering any discount they claim full balance to be pay which is over £5200

What should i do?

sourcrates

The limitations period in the UK is 6 years, if you have not made a payment or acknowledged the debt in writing for any period of 6 years, the debt will be statute barred, and you will not have to pay it, however, you must write and tell them so, by sending them the statute barred letter.

intotheworld

I did that already but they send me bellow email at 31 Oct 2016



We understand you consider the above account to be statute barred under section 5 of the Limitations Act 1980. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. As payment was not made in accordance with your contractual arrangement a default notice was issued and a default was registered on your credit file on 29/12/2009 for the account.

However as we received signed liability in August 2013 where an offer of repayment was made this has extended the period by a further 6 years.

We do not therefore consider your account to be statute barred.

Please contact us within the next 7 days to discuss repayment of this account. Should no contact be forthcoming, your account may be subject to further letters, telephone calls, SMS and emails.

If you are experiencing financial difficulties, you can receive free independent debt advice by contacting one of the following organisations:

antrobus

intotheworld wrote: »

....However as we received signed liability in August 2013 where an offer of repayment was made this has extended the period by a further 6 years....

Obviously they are asserting that this was an acknowledgment of the debt and so kept the clock ticking. Presumably this was the £1,500 cash offer you made a few years after default.

They have until August 2019 to take action. If they do. you can dispute their assertion and insist that the debt became statute barred in 2015.

fatbelly

If the settlement offer was made in 2013 using the National Debtline standard letter this would not count as an acknowledgement as it is clearly made on a 'without prejudice' basis, meaning that he document cannot be mentioned in court proceedings

sourcrates

fatbelly wrote: »

If the settlement offer was made in 2013 using the National Debtline standard letter this would not count as an acknowledgement as it is clearly made on a 'without prejudice' basis, meaning that he document cannot be mentioned in court proceedings

I would be tempted to state this as my position anyway.

intotheworld

antrobus wrote: »

Obviously they are asserting that this was an acknowledgment of the debt and so kept the clock ticking. Presumably this was the £1,500 cash offer you made a few years after default.

They have until August 2019 to take action. If they do. you can dispute their assertion and insist that the debt became statute barred in 2015.

But how should i know has any law about that and apply with only simple reply by email?

intotheworld

fatbelly wrote: »

If the settlement offer was made in 2013 using the National Debtline standard letter this would not count as an acknowledgement as it is clearly made on a 'without prejudice' basis, meaning that he document cannot be mentioned in court proceedings

I assume same like you.But my real question before go to court they can do anything? Because if i court i can sort it out this issue on my favor or not. Default became my file without go court or anything i am just scare can happened same thing for bankruptcy or something else again?Because this time i did not respond any of they letter and block all numbers they keep calling me.

intotheworld

fatbelly wrote: »

If the settlement offer was made in 2013 using the National Debtline standard letter this would not count as an acknowledgement as it is clearly made on a 'without prejudice' basis, meaning that he document cannot be mentioned in court proceedings

by the way i just send email to them my offer like bellow example by email.

Hi Dear Whom Concern

I just get offer around £2000 but i have only £1500 if you accept this offer i would like to close my default.

Kind Regards
Thank You

Not same email but similar email send to them nothing else..
Thanks

fatbelly

Right. I started a long reply but all this may be bluff on their part. Can you post (or maybe private message me) with exactly what they are saying in their latest letter or email

intotheworld

fatbelly wrote: »

Right. I started a long reply but all this may be bluff on their part. Can you post (or maybe private message me) with exactly what they are saying in their latest letter or email

This one i already send its they respond, after that always sending me template standard (asking money) letter you have to pay this otherwise bla bla bla ,