Statute barred debt

Mart34

Hi guys and gals

Just been flicking through my junk mail folder of an old email address. And come across an email from a company I'm sure many have heard of PRA

Anyway the email is in regards to a debt I had many many years ago, forgot about it to be honest, but I'm pretty sure it is well over 6 years since I last made a payment to them. But I'm not 100% sure. Is there anyway of finding out when the last payment was made without contacting them. There's nothing on my credit file. But I am convinced it is well over 6 years ago as I said.

Is my next step or best step forward a statute barred letter sent to them. My understanding of a stature barred debt is it is not legally enforceable in England. And they can not apply to a court for a CCJ

If anyone can point me in the right direction for a good statute barred letter please supply a link.

Thanks

Willing2Learn

Hi, if it were me, I would ignore them until they write a letter to my home address. And yes, you do have the option of posting them an SB letter by Royal Mail (assuming the 'cause of action' is more than six years ago. The link below gives you the full guidance of how the Limitation Act works. It includes an SB letter template for you.
Time limits for recovering debts

NCC-1701

Depends what the email says. Even if you are correct and it's statute barred you still owe the money.

WhenIam64

Is my next step or best step forward a statute barred letter sent to them. My understanding of a statute barred debt is it is not legally enforceable in England. And they can not apply to a court for a CCJ

"Statute barred" is a bit of misdirection. The purpose of the Limitation Act is not to wipe the debt, but to stop the claims clogging up the courts. Total self-interest by the judiciary. It is not "enforceable" via the courts.

Depends what the email says. Even if you are correct and it's statute barred you still owe the money.

The purpose of such emails and letters is to take advantage of those that are not aware of the LA. The LA simply means that they can ask but they cannot use or even threaten court. Whether people pay on receipt of these letters comes down to lack of knowledge, guilt or being misguided.

You still should check PRA's standing to take this to court by sending the "prove it" letter.

sourcrates

Hi,


Recent case history in the court of appeal (Doyle v PRA), has deemed that the "cause of action date" is now to be regarded as the default date, for some debts, inc credit cards and loans, and not the date the account was last acknowledged or paid.

As this debt no longer shows on your credit file, it suggests to me the account is older than 6 years, and the default has subsequently dropped off your file.

This all points to the account been statute barred, which, as you earlier suggested, means the creditior can no longer use the courts to enforce their rights against you.
Sec 5, Limitations act 1980, would be your defence in this case.

National Debtline do a very handy template letter, avaulable here :


https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx


You should send this to PRA, you could edit the letter, just to add at the begining that you are not aware of any debt owing to PRA group, but if one existed, it would now be statute barred, under the above act, something along those lines.

NCC-1701 is correct when they state the debt does still exist, but the law is more leniant in such cases, and allows the creditor 6 years in which to excercise their rights, if they do not do so, those rights are forfeited.

So, purely from a legal standpoint, time has run out to collect on this debt, but they will already know this, you just have to remind them.


Just one more thing, you do not have to act upon emails, or phone calls.
If PRA Group want to talk to you about an alledged debt, they must write to you using good old fashioned snail mail, it is still a legal requirement.

Smiffy2005

Hi, I've recently received 2 letters from Intrum chasing an old debt that was bought by them in 2005. I've never acknowledged this debt and I believe it is now statute barred anyway. it actually says on the bottom of their letter "you should be aware that the period for recovering your debt by couty action has expired, so we will not be issuing court proceedings to enforce payment". Then they ask me for payment LOL, like i'm going to fall for that...

My question is, do I just ignore these letters or do I send them a statute barred letter and ask them to cease and desist as per the many templates on this website?

Do they then have to stop writing to me as per the FCA guidelines?

Any help would be greatly appreciated.

sourcrates

Smiffy2005 wrote: »

My question is, do I just ignore these letters or do I send them a statute barred letter and ask them to cease and desist as per the many templates on this website?

Do they then have to stop writing to me as per the FCA guidelines?

Any help would be greatly appreciated.

Its your choice essentially, they already know its statute barred, they say so in the letter, a simple letter in response to inform them you won`t be paying, would be more appropriate.


Their attention will soon turn elsewere.