Statute Barred Help Please

Hi
I had a loan with Santander (originally Cahoot). Round about 2011 I fell into difficulties and I had a payment arrangement in place with a DCA. The loan got passed back to Santander at some stage. 

Fast forward to Dec 2013 when I was made redundant. I contacted them saying I had financial difficulties. 

I do not believe I made any payments from that date onwards. I certainly cant find any trace of a payment and its not on my credit file. I do however have a bank account which has been closed that I cannot check. 

What Im asking is there a way I can check for definite that a payment hasnt been made since Dec 2013? If I SAR them does that constitute contact? Also if there hasnt been a payment are they likely to agree to SB it? In fairness other than a statement twice a year they havent persued the debt at all. This statement goes to an old address which I would like to stop. 

Any advice welcome please. 

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Statute barring isn't something they agree to. It either is or it isn't statute barred.

    A SAR won't change its status.
  • molerat
    molerat Posts: 34,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 March 2021 at 11:50AM
    Has anyone contacted you about this debt ?  If not let sleeping dogs lie, poking a sleeping dog tends to wake it up and it might try to bite you.
    They cannot "agree to SB" a debt, it either is or isn't.
  • Thank you both. The only contact I receive is a statement each March and September with the amount owing and an arrears leaflet. Its been that way for years now so I guess Im lucky. 

    What I want to do is stop these statements from arriving at old address. First world problems I know. 
  • comeandgo
    comeandgo Posts: 5,912 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thank you both. The only contact I receive is a statement each March and September with the amount owing and an arrears leaflet. Its been that way for years now so I guess Im lucky. 

    What I want to do is stop these statements from arriving at old address. First world problems I know. 
    Ask whoever is receiving them to return to sender as recipient not at this address.
  • If you use the statute barred template letter, it does not acknowledge the debt. 
    The onus is then on the creditor to prove that the debt is not SB i.e. they have to prove that you have made payments. You don't have to prove that it is SB. 
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