Statute Barred Debts Query

rachmc

Hi Everyone,

You've provided me with some amazing information regarding my debts, self managed DMPs, final settlements and reclaiming on guarantor loans so I thought I may as well ask you something for my partner and 2 potential statute barred debts. I've put some details below and my query at the end.

Barclaycard
Going through scanned documents I have:

• On 11/12/2012, he received a letter for 'final warning: legal action' notifying that this may have a CCJ or default notice registered however a CCJ was not registered and we don't think a default was either
• Barclaycard passed this debt on to Robinson Way on 04/02/2013
• Capquest then purchased this on 15/02/2017
• Capquest sold this to NCO Europe Ltd on 19/05/2022 however no letter has been received from them yet.
  He has not acknowledged or responded to Robinson Way, Capquest etc as far as I am aware.

Shop Direct
Going through scanned documents I have:

• Date of original agreement is 07/03/2011
• Capquest lodged a claim on 20/03/2017 which states default balance £729.55
• CCJ registered 30/05/2017
• Transferred to Drysdenfairfax Solicitors on 07/05/2019
• Transferred to Resolvecall with first letter received on 13/06/2022.
  He has not acknowledged or responded to Dysdenfairfax, Resolvecall etc as far as I am aware.

My query then is with Barclaycard, is this now statute barred? Is the ShopDirect one statute barred as of 01/06/2023 when the CCJ drops off? I've tried to figure this out from the information on this forum but the statute barred one still has me a bit stumped.

Thanks in advance

fatbelly

Thank you for setting out the timeline.

For Barclaycard, the default date is critical following Doyle v PRA Group . I would ignore everything except a pre-action protocol (30 day) letter. If you get one, post again.

For the ShopDirect debt, there is a 5-year old ccj. They have a year to enforce this should they wish to and should they know about the ccj. It is unlikely that it was statute barred at the date of claim and a ccj does  not go statute barred as such. Let us know what they are proposing to do.

Don't go firing off statute barred letters on either of these as you will do more harm than good

rachmc

Thank you for coming back to me @fatbelly, that's a huge help.

For Barclaycard, I genuinely cannot find confirmation of a default ever being registered however if this did happen around 2012/2013, it would have fallen off his credit report in 2018/19 and we don't have a copy of the report from then.

For the ShopDirect, Resolvecall stated in their letter that if they don't hear from him in 7 day they can arrange an unnannounced visit to the property however, we're a month in and this has not happened.

I'll definitely not be sending the Barclaycard following your information and really useful link!

sourcrates

rachmc said:

Thank you for coming back to me @fatbelly, that's a huge help.

For Barclaycard, I genuinely cannot find confirmation of a default ever being registered however if this did happen around 2012/2013, it would have fallen off his credit report in 2018/19 and we don't have a copy of the report from then.

For the ShopDirect, Resolvecall stated in their letter that if they don't hear from him in 7 day they can arrange an unnannounced visit to the property however, we're a month in and this has not happened.

I'll definitely not be sending the Barclaycard following your information and really useful link!

If you don`t have details of the Barclaycard default, then its likely they won`t either.

It will be your word against theirs, and the debtor usually wins through, if they stick to their guns.

Resolve call are a debt collection company who specialise in doorstep collections (use the search facility as there are numerus threads about them on here) its important to realise, they are not bailiffs, so have no right of entry, or anything else for that matter, even with a live CCJ.

You can safely ignore them, you can do the same with a bailiff as well, but if they turn up, then its will have been escalated, and significant new fee`s will be applied, so if that were to happen, or the threat of it, post back for further advice, otherwise I`m with fatbelly.

rachmc

Thank you @sourcrates, that is great information. I love you all on this board for sharing your amazing knowledge!