PRA Group chasing old debt

DiZYRascal

Hi there, I received a letter last year from PRA Group chasing two old debts that defaulted around 2014.
I sent them the Statute Barred 'Prove it' email, to which they responded that after investigation, they could see a payment was made on 4th October 2016 for some amount.

I've asked them to provide proof of this, but they've failed to do so. Each correspondence we exchange is always started with a statement around not admitting any liability for their claims.

Their latest correspondence states "Having reviewed your case, we sent you a letter on 27th of July 2021 to advise you that we were unable to receive some documents and therefore, your account had become statute-barred. Please be advised, although your account is statute-barred, we are still allowed to contact you as the balance remains outstanding."

I thought they were no longer able to chase debt that was statute-barred? Any advice on what I should do from here? They send me calls and voicemails from their automated system daily, and I've just raised a complaint to the FOS for harassment.

Thanks in advance for any advice.

sourcrates

When a debt becomes statute barred, (in England & Wales) all that does is remove the creditors right to take legal action against you.

The debt is still owed, and they can try anything, short of legal action, to get you to pay up.

In Scotland the debt is extinguished, gone, removed, dead in the water, after 5 years, which is much more straight cut.

So technically the creditor can still contact you, but would risk infringing the fair debt collection rules by doing so.

In practice if you put in a complaint, and make enough fuss, they will get the message you ain`t paying, and eventually go away and bother someone else.

fatbelly

The CONC rules are quoted in our standard letter here

https://forums.moneysavingexpert.com/discussion/6027755/statute-barred-debts-and-the-limitation-act

JAS2015

PRA must have had a surge of energy recently. They can’t provide a CCA for an old account and have written to me recently to say it’s unenforceable. Since then, they have rang me every day. I just let it ring out now

Suseka97

JAS2015 said:

PRA must have had a surge of energy recently. They can’t provide a CCA for an old account and have written to me recently to say it’s unenforceable. Since then, they have rang me every day. I just let it ring out now

If it were me I'd answer the call and tell them to remove your number from their records and that if they refuse to do that you will make a complaint to the ICO.  I'd then block the number and if they are being sneaky and using various ones, then definitely complain.  

They did that to my hubby a few years back, even though the debt was UE, so I eventually answered the call one day and had it out with the CS person at the end of the phone.  After that all calls stopped.

DjangoUnchained

in over 4 years they only phoned me once, the day they got the debt. i told them i wouldnt didcuss anything on the phone with them, they must write to me. Never had any other calls from them. they can write as often as they like as far as i care. I think you have to show them you wont be bullied by them, they will then leave you alone and pick on easier targets. they are dirty scum of the earth.

Graham1982

Hello:

I am simply interested in the notion of Statute Barred. This is not applicable to me but what are the circumstances for this?

Is it that if you have a debt and your creditors have failed to pursue it for six years they can no-longer pursue it? 
Also if that is the case does that mean that the debtor has effectively obtained free money as an entry can't/won't have been made with CRAs?

Again I don't understand this so I may be totally wrong.

Thanks

Graham

fatbelly

Best guide I know

https://nationaldebtline.org/fact-sheet-library/statute-barred-debts-ew/

XmasStory

They are absolute rotters with no morals  at all.  Chasing me for a paid debt from 5 years ago proof of payment sent last year and now chasing me again.