Debt aged 17 years

tjw1066

I have today out of the blue received a letter from a debt recovery agency for a defaulted overdraft from 2005 - 17 years ago. Am I right in thinking there is no legal action they can take as the debt is statute barred. I have had no communication with them since 2005. I now own my own home and am worried that they will put a charge on the property.
I read somewhere that if I contact them that they can then persue the charge and also read if I send them a statute barred letter that they will not persue me. I am confused.

Thanks for any advice to put my mind at ease.

MorningcoffeeIV

They can't pursue it just because you get in contact. It's either statute barred or it's not.

If it is, either tell them that or ignore it.

PRAISETHESUN

Personally I'd just ignore it as it feels like it's just been sold along and someone is trying to chance it, but if you want to draw a line underneath it then I'd send them a "prove it" letter first. It's most likely statute barred, assuming you haven't written to them about it or made any payment towards it in the last 6 years, but if you write to them to tell them that it's statute barred and it's actually not, then you would be resetting the 6 year enforcement timer.

sourcrates

What you read was incorrect, mis-leading and totally wrong.

In order to put a charge on your property (which isn`t ever going to happen) they must first take legal action against you, but prior to that would come an LBA (Letter before action) which is basically a way to avoid things going to court, under civil procedure rules, a part of that LBA asks you if you require evidence of liability, or if there is any reason why you dispute the debt, so this would be your first opportunity to tell them it was statute barred.

Once that was done, that should be the end of the matter, however if it did proceed to court, your defence to that legal action would be the same, the debt is statute barred.

Remember, you are under no obligation to prove anything, the onus rests with them solely to prove liability.

So you can do one of two things, either ignore them until/unless a LBA is sent, or send the statute barred letter now.

They know its SB, you know its SB, they are just chancing their arm that you won`t be as clued up on matters.

Which DCA is it that has written to you?