Intrum debt collection letter

rawdongo88

Hi all, I've received a letter out the blue from Intrum for a debt that is years old that I thought I had sorted back in my early 20s. 

The letter says they have bought the debt from another company and that if I pay something in January they will write off 90% of the debt. 

It also states - "We're aware that the limitations period for your account has been reached and will no longer be reported on your credit file, however your balance still exists and we're within our rights to continue to ask you for repayment."

Does anyone have any experience of anything similar? Or have any advice on whether I should just pay to get it out the way, or leave it etc. 

many thanks 

martinbainbridge1975

tell them where to go - your credit file cannot be affected so I would not pay

I would ask for an explanation as to how you owe such monies if you think you sorted it in your 20s

MovingForwards

Better still, if it's definitely over 6 years, 5 in Scotland, pop to the debt free wanna be board and find the statute barred letter.

Edit to add link

https://forums.moneysavingexpert.com/discussion/6027800/debt-free-wannabe-sticky-provit-statute-barred-letters-defaults-help-and-guidance-all-here#latest

fatbelly

Yes, it will be statute barred. They are allowed to ask you if you want to pay it but if you tell them that you will not be paying the debt because it is statute barred then they must not continue to demand payment 

This is an FCA rule

sourcrates

Send the statute barred letter to put this to bed once and for all, because, theoretically, they can still obtain a judgement against you if you did not respond to any court papers etc, so best to get the letter sent.

rawdongo88

sourcrates said:

Send the statute barred letter to put this to bed once and for all, because, theoretically, they can still obtain a judgement against you if you did not respond to any court papers etc, so best to get the letter sent.

Thank you. So they can still chase the debt even if it's statute barred? Sorry, I don't know much about this stuff!

sourcrates

rawdongo88 said:

sourcrates said:

Send the statute barred letter to put this to bed once and for all, because, theoretically, they can still obtain a judgement against you if you did not respond to any court papers etc, so best to get the letter sent.

Thank you. So they can still chase the debt even if it's statute barred? Sorry, I don't know much about this stuff!

It`s legislation under the limitation act 1980. In essence, all it means is they can`t take legal action against you to recover the debt, using the normal process.

It applies to England and Wales, in Scotland the debt is extinguished after 5 years, and cannot be chased.

But south of the border, things are not quite as clear cut, a creditor has 6 years in which to take legal action, however, statute barred is not an automatic defence like it is in Scotland, usually you must inform a creditor a debt is statute barred, or use the act as a defence to a court claim, in order to take advantage of it.

As an example, if a creditor had a ten year old debt in your name, and you didn`t live in Scotland, they can quite legally write to you at your last known address, send all correspondence there, and if you don`t or can`t reply, because you may have moved, you may get a judgement by default against you.

rawdongo88

sourcrates said:

rawdongo88 said:

sourcrates said:

Send the statute barred letter to put this to bed once and for all, because, theoretically, they can still obtain a judgement against you if you did not respond to any court papers etc, so best to get the letter sent.

Thank you. So they can still chase the debt even if it's statute barred? Sorry, I don't know much about this stuff!

It`s legislation under the limitation act 1980. In essence, all it means is they can`t take legal action against you to recover the debt, using the normal process.

It applies to England and Wales, in Scotland the debt is extinguished after 5 years, and cannot be chased.

But south of the border, things are not quite as clear cut, a creditor has 6 years in which to take legal action, however, statute barred is not an automatic defence like it is in Scotland, usually you must inform a creditor a debt is statute barred, or use the act as a defence to a court claim, in order to take advantage of it.

As an example, if a creditor had a ten year old debt in your name, and you didn`t live in Scotland, they can quite legally write to you at your last known address, send all correspondence there, and if you don`t or can`t reply, because you may have moved, you may get a judgement by default against you.

Thank you so much for the response. 

So in this instance, informing Intrum that it's statute barred through the letter, would prevent them from being able to take any legal action? 

Thanks again