Statute barred?

Oculus_Rex

Apologies if this is the wrong board.

I've recieved an email from Cabot Financial threatening legal action against a credit card from 6 years ago. I checked my credit file and that says the date of default is 2017. However I am firmly convinced that the last payment I made, and therefore the last time I acknowledged it was in 2015.

I intend to contact my bank and see if I can get statements going that far back. What I would like to know is how do I ask Cabot Financial to prove this isn't statue barred without acknowledging the debt?

Many thanks.

Brie

Subject access request?  See what they know and take things from there.

[Deleted User]

If it's acknowledged in 2015 then it could well be their last throw of the dice as they have 6 years in England and Wales (5 in Scotland) but they might also push for a CCJ. Default date is irrelevant to this, only the last time the debt was acknowledged.

You can send a statute barred letter to them without acknowledging the debt, there are perfectly good ones you can find on google

Oculus_Rex

Thank you for the replies.

I have spoken to my bank and the last payment made was in 2016 so it's not statue barred. However I spoke to Cabot, being careful not to acknowledge the debt, and the last payment date they have is months after the one my bank has. Since I've only ever had one bank account I wouldn't have made any payments from another source. Does this affect anything?

[Deleted User]

Oculus_Rex said:

Thank you for the replies.

I have spoken to my bank and the last payment made was in 2016 so it's not statue barred. However I spoke to Cabot, being careful not to acknowledge the debt, and the last payment date they have is months after the one my bank has. Since I've only ever had one bank account I wouldn't have made any payments from another source. Does this affect anything?

It only affects that if they left it to 6 years from their last payment date it would be too late. If it was paid in 2016 they are within their rights to chase you and obtain a CCJ if necessary

bris

You don't have to acknowledge the debt, they already know you owe it.

You last paid in 2016 so it's not statute barred and so enforceable.

You can however still sit tight, do nothing and than only worry about it if the legal papers come through.

Phone calls and letters mean nothing, legal papers do.

Sandtree

bris said:

You don't have to acknowledge the debt, they already know you owe it.

You last paid in 2016 so it's not statute barred and so enforceable.

You can however still sit tight, do nothing and than only worry about it if the legal papers come through.

Or you can pay what you owe... crazy idea