Query re Statute Barred Debt Letters

bunnyg007

I have 2 debts that are well over 7 years old and therefore believe them to be statute barred, however recently I am being chased for them by Cabot / Resolve Call. I have so far ignored every communication however recent letter from Resolve is threatening doorstep visit.

My credit file is clean and I have checked the Register for CCJ and that is also clean. In 2016 Cabot tried for a CCJ but I defended it and heard no more
Now I thought all I needed to do now to get these hounds off my back was to send the Statute Barred letter, however after doing a bit of research I have got quite confused as it looks like this may not be the way to go any more for risk of the letter actually being used against me and actually resetting the clock so to speak.

Please can any of you wise folk on here put me in the picture as to what is the best course of action? I can easily ignore letters but doorstep callers is another matter (nosey neighbours) and I would really like to be shut of this lot once and for all. 

Thanking you in advance 

sourcrates

If Cabot started legal action, then the limitation act no longer applies.

All they have to do is start a claim within the limitation period of 6 years, it does not need to lead to a judgement, all they have to do is start it.

bunnyg007

Thank you sourcrates for your reply. I'd read a few ambiguous articles and sadly thought this may be the case

So a creditor just has to make an application for a claim and the limitation act is wiped out? What happens then if 7 years later no acknowledgement or payment has been made and no CCJ registered for this debt? I checked the Register for any CCJ's against me and there is nothing.

By the way this only applies to one of the debts, the other one is def statute barred but as I said earlier I was getting the impression that things have changed recently and its now not advisable to send the statute barred letter for fear it can e used against me and open a can of worms resetting the time.

I would be grateful if you or someone on here could advise as to what action I might take or point me in the right direction.

Thanks again 

sourcrates

Sometimes a creditor will just stay the claim, and never come back to it.

If that were the case, then it could be argued that a 6 year old stayed claim should not interfere with the limitation period, its quite a grey area of consumer law Unfortunatly.

If no judgement was filed, then stick with your position and see how they react.

bunnyg007

sourcrates said:

Sometimes a creditor will just stay the claim, and never come back to it.

If that were the case, then it could be argued that a 6 year old stayed claim should not interfere with the limitation period, its quite a grey area of consumer law Unfortunatly.

If no judgement was filed, then stick with your position and see how they react.

Thank you for your advice.

I have just had an online chat with National Debtline and the advisor has said as its been such a long time (almost 8 years) the only way to find out if they have a CCJ is to send their Statute barred letter and see how they respond. He seems to think if they did have a CCJ then they would be sending me letters threatening bailiffs, attachment of earnings etc rather than the standard reduced settlement offers etc. I'm not so sure and thinking they are testing waters and will hit me with everything once they know I'm responsive. But I guess I don't have much choice?

sourcrates

If you choose to send the statute barred letter, just write at the top of your letter -

"Without Prejudice".

That way, anything you say to them cannot be used against you at a later date.

Companies are only obliged to keep records for 6 years, daft as it sounds, they may have erased all trace of this court claim themselves, I'd go with the advice from National Debtline, see what response you get.

bunnyg007

Ok thank you. 

As they have passed this to Resolve Call now should I send letter to them first or both of them?

sourcrates

Lots of posts on here about how to deal with Resolvecall.

They will be the ones visiting, so write to them, this company operate self employed collection agents, no more power or authority than you or I have, they are not bailiffs, your letter to them should include a paragraph that removes their right of implied access to your property, you can also post a note on your drive/gate/door saying the same thing.

Should they or anyone else ignore the note, you can file charges for trespass against them.

Not that you will do, but it strengthens your position somewhat.