Help understanding SAR/Last payment

sourcrates

mjm3346 wrote: »

Generally 6 years (England) from the last acknowledgement or payment by the debtor - default date does not change the date when/if a debt becomes statue barred.

Yes it does, recent appeal court ruling mentioned above.

OP just send the statute barred letter and let them do all the donkey work, as Fatbelly has said, more than once, the debt is clearly SB, that should be your position from now on.

Spaceboules

Hi guys,

Thank you, I'll update when/if I get a reply. Should be interesting.

Have a great weekend.

Spaceboules

[Update] I sent my SB letter a couple of weeks back to Robinson Way and today received a letter not addressing the SB but titled 'Help Available - Balance Reduction Offer'

"Please note where this account is recorded on your credit file and you pay by reduced settlement it will be updated as partially settled with a zero balance." - It's not recorded anywhere on my CRA as we know.

Is this a standard letter they send or one thats predicable after a SB letter? Shall I expect an actual response to my SB letter or just a continual flow of reduced offers?

Thank you.

fatbelly

My guess is that they know they don't have a leg to stand on and are just desperately hoping you'll pay them something to avoid them losing money.

Spaceboules

Is it common for them to not address a SB letter? I've read threads where they still try to say it's not SB.

And is there anything to watch out for i.e Can they still try to get a CCJ to an old address or even my current address as a last resort in the hope I either don't see the claim or get scared and settle.

sourcrates

It’s very common for debt purchasing companies to mess you about, they have paid out money for this account, albeit only a small percentage of its face value, but they still want a payday out of it.

You can write back reiterating the debt is statute barred, and that once this is notified to the creditor all collection activity should stop, and they should treat this as an official written complaint.
If they don’t acknowledge your letter, you will file a complaint with the financial ombudsman.

Spaceboules

Thank you. Is it anything to worry about i.e CCJ or just a case of ignoring or sending a follow-up letter? I don't know exactly how shady these companies are.

Can I find said letter in the same place as the SB?

sourcrates

Spaceboules wrote: »

Thank you. Is it anything to worry about i.e CCJ or just a case of ignoring or sending a follow-up letter? I don't know exactly how shady these companies are.

Can I find said letter in the same place as the SB?

Just compose a letter, you can never trust what a debt collector will do.

WhenIam64

Is it anything to worry about i.e CCJ or just a case of ignoring or sending a follow-up letter? I don't know exactly how shady these companies are.

1. CCJ: Remotely possible but as the debt is SB you have an absolute defence to it. Then there is the issue of how the court might react to someone who tries for a CCJ knowing it is SB so debt companies (not debt collectors) don't as judges have memories.

2. Follow-up letter: As SC says above and others before that.

3. Shady: Two schools of thought on that one. Most are professional and are trying to separate the can't pay from the won't pay. It costs money to chase people so they would rather not throw more money after those that can't pay. If they are chasing you they think you can.

Others think they are all shady and there is some basis for that in that the letters fail to state your true legal rights. This is why a solicitor has to highlight your legal rights, and debt collectors like RW don't. So they use companies like RW.

Spaceboules

Thanks a bunch.

I'll send the follow up in a few weeks just in case this latest letter from them wasn't a reply to my SB letter but an automated one. Wouldn't be surprised if they were still formulating it.