Statue barred help/advice

Morning all

Need some advice , I had a debt with MYJAR £800 from 2013 , I have been hassled by a company in the first instance called ACI , I wrote to them in October 2022 using the template stating the debt was statue barred , They never acknowledged the letter , They carried on sending emails trying to claim the debt , Then in in the last couple of months  the emails have been coming from a company called TM Legal services  , The email have been getting stronger and today i received one stating they are pressing for a CCJ , Now maybe stupidly i contacted them saying the debt was statue barred as i have had no contact with me for than 6 years , They have stated i made a payment to MYJAR of £2.21 in 2017 ( but couldnt give me any details) and the latest default was 2018 so its only 5 years and it goes from then , They proceeded to tell me that as i have contacted them today the debt claim starts from todays date again , Is this correct ? I feel they are trying it on.

Please advise 

Thanks
TB
«1

Comments

  • DjangoUnchained
    DjangoUnchained Forumite Posts: 297
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    sounds like they are trying it on. Tell them to prove you made a payment for £2.21. contacting them doesnt start the statute barred by asking them to prove the debt.
  • Taylorbees65
    Taylorbees65 Forumite Posts: 5
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    sounds like they are trying it on. Tell them to prove you made a payment for £2.21. contacting them doesnt start the statute barred by asking them to prove the debt.
    I asked them to prove the payment of £ 2.21 and they replied by saying they didnt have that detail and i would have to contact MYJAR
  • fatbelly
    fatbelly Forumite Posts: 19,221
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    edited 12 September at 4:14PM
    Verbal contact can never count as acknowledgement. It must be in writing or by payment.

    Tell them you will defend any claim.

    Ps. Why would you make a payment of £2.21?
  • Taylorbees65
    Taylorbees65 Forumite Posts: 5
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    I have just got home and I have received a 30 day letter from them asking for income and expenditure etc and that this is pre-court proceedings 
  • sourcrates
    sourcrates Forumite, Ambassador Posts: 27,680
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    I have just got home and I have received a 30 day letter from them asking for income and expenditure etc and that this is pre-court proceedings 
    Debt camel explains your next steps here -

    How to reply to a Letter Before Claim about a debt · Debt Camel
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing [email protected]. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • RAS
    RAS Forumite Posts: 31,934
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    It doesn't matter when the default was, what is relevant is the date of the last payment or written acknowledgement. Given how far we are into the year, there's a 66% chance that this is statute barred even if you paid £2.21. 

    Unless they are arguing that your statutes barred letter reset the clock? 
    The person who has not made a mistake, has made nothing
  • molerat
    molerat Forumite Posts: 30,512
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    TM Legal is a specialist law firm authorised and regulated by the Solicitors Regulation Authority.

    Oh dear.  Blatant lies / misrepresentation of the law by a regulated company.


  • fatbelly
    fatbelly Forumite Posts: 19,221
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    What do you mean by 'latest default'? When was the first default?
  • Taylorbees65
    Taylorbees65 Forumite Posts: 5
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    fatbelly said:
    What do you mean by 'latest default'? When was the first default?
     they are stating I last defaulted in 2018 , which I had have no record of or it even happening 
  • Taylorbees65
    Taylorbees65 Forumite Posts: 5
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    First default would have been around 2013
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