Will my debt be statute-barred in August?

kevin251

Hi all
My situation

• Following a business failure in 2010, after paying £1 a month to my c/card bank, I defaulted in 2013 on 2 x bank credit cards (totalling around 8k) + 1 x current account overdraft
• Eventually the bank passed the debt to DCA1 who then passed it to DCA2.
• The current account debt was miniscule and disappeared off any correspondence in September 2014
• Due to complicated reasons, I am not any mortgage agreements but am living with my wife so do not have any assets and I am self-employed.
• I have never acknowledged the debt or paid a penny to either of the DCAs but DCA2 continue to write to me on a regular basis.
• On my CreditKarma report, the default date is 01/08/2014. 

My questions

• Does this mean that the debt will become statute barred in August this year?
• If so, and DCA2 continues to write, should I respond asking for proof of debt and/or telling them to stop as it is now statute-barred?
• Some of the Freeman on the Land info implies that because I never signed an agreement with the DCAs then they have no recourse - is this correct?

Thanks in anticipation for any advice
P.S. I prefer not too mention the DCAs by name (both pretty notorious) because I'm sure their agents must sniff around these forums looking for clues etc

Galloglass

Eventually the bank passed the debt to DCA1 who then passed it to DCA2.

You'll have to be a bit clearer on "passed". You can pass it to a DCA for them to collect on behalf of the debt owner (bank) or the debt owner can sell the debt to a DCA under assignment. So who actually owns the debt now?

kevin251

Galloglass said:

Eventually the bank passed the debt to DCA1 who then passed it to DCA2.

You'll have to be a bit clearer on "passed". You can pass it to a DCA for them to collect on behalf of the debt owner (bank) or the debt owner can sell the debt to a DCA under assignment. So who actually owns the debt now?

@Galloglass
The debt is owned by DCA2 now

[Deleted User]

Yes, it will become staute barred in August this year. Doesn't matter who owns the debt now. You don't have to write asking for proof of debt, just send the statute barred letter. Forget that Freedom of the Land stuff, it might have some validity, but it tends to be ignored.

fatbelly

Pretty much agree with the above. I'd be a bit stronger on the FOTL stuff. It's nonsense.
But as for a debt becoming time barred because of the provisions of the Limitation Act 1980, every court will understand that.
You are right that (following PRA group v doyle ) the default date is the 'cause of action'
Provided you haven't acknowledged the debt (by payment or in writing) since then, they have until 1/8/20 to start a court claim.
Between now and  August, the only thing you should respond to is a formal pre-action protocol letter. And if that happens, use the guidance on debt camel.

After that date you should be OK to send the statute barred letter, if you need to

kevin251

Thanks, @fatbelly & @Deleted User - I may actually open the letters now and watch for a pre-action protocol letter!

Galloglass

I may actually open the letters now and watch for a pre-action protocol letter!

Very sound advice to yourself. Some of the DCAs as you call them, are known to send in PAP letters at the end and get default CCJ's as people have moved or don't open the mail. They do have your current address don't they?