Wescot- Old Current Account Debt Issues With Statute Barred.

smalandcute

I am hoping someone can help?

I have today been contacted by a Debt Management Company, Wescot regarding an old current account.

They informed me over the phone that the current account default beginning of 2017 so statute barred would have come into affect from beginning of this year and as such nothing owed

However here in lies my issue, it appears that somehow a very old saving account have added some money into this old current account in May this year, not a lot just a couple of quid. The bank which I had the savings account with contacted me and I completed the form but never heard anything back from them so assumed no money was owed to me.

Has the money from the savings now triggered the re start of six years to get this current account statute barred again? Do I have any leeway with this either, ie claim ignorance about the savings money as I wasn't aware it was going to be paid into that account etc?

Thank you for any help.

DjangoUnchained

this sounds like a common trick dca are doing to try and convince people that the debt is not statute barred. Ask them to prove you authorised this payment.

fatbelly

I think the relevant question is - did the payment land within the limitation period?

If not then we don' t need to consider anything else. The debt is statute barred and stays that wzy

sourcrates

Wescott are a debt collection agency, not a debt management company, big difference.

So let me get this straight, Wescott rung you to say, you had a debt, but it is statute barred, so you don`t have to pay anything, that was nice of them, sounds a bit bizarre that, did they not ask for money at all ?

The date of default would be key here, if you authorised the payment, then it could be construed as coming from you, you mention the default date as being at the beginning of the year, and the payment was made in May.

Once a debt is statute barred, it cannot be unbarred by payment or acknowledgement, if it was already past the limitation date, then that payment is irrelevant.

Have Wescott mentioned anything of this alleged payment, or is it just your mind working overtime ?

smalandcute

fatbelly said:

I think the relevant question is - did the payment land within the limitation period?

If not then we don' t need to consider anything else. The debt is statute barred and stays that wzy

Thanks for your reply,

In regards to the limitations period, Default date was Feb 2017 so I make the account SB Feb 2023, please correct me if I am wrong here. I am based in England if this helps.

Payment from savings went into account May 2023, the bank which had the savings account never confirmed to me where payment was going even though I completed a form with my details including new bank details. They did tell me the amount and it seems to match up with what Wescott have said.

fatbelly

It's statute barred. You can let them know that you won't be paying, if they actually ask  for payment.

sourcrates

Agree with the above, no doubt in my mind, once barred, always barred.

Send the statute barred letter from the stickies.

smalandcute

sourcrates said:

Wescott are a debt collection agency, not a debt management company, big difference.

So let me get this straight, Wescott rung you to say, you had a debt, but it is statute barred, so you don`t have to pay anything, that was nice of them, sounds a bit bizarre that, did they not ask for money at all ?

The date of default would be key here, if you authorised the payment, then it could be construed as coming from you, you mention the default date as being at the beginning of the year, and the payment was made in May.

Once a debt is statute barred, it cannot be unbarred by payment or acknowledgement, if it was already past the limitation date, then that payment is irrelevant.

Have Wescott mentioned anything of this alleged payment, or is it just your mind working overtime ?

Ah thanks for telling me and sorry about the confusion re being a debt collection company.

Date of default is Feb 2017 so I make SB Feb 2023, but please do say if I am wrong here. I am based in England.

They text me with a reference, I checked they were a legit company before calling just incase it was a scam message

Called them, they asked if I was looking to make payment today etc.

I asked them to confirm default date and when last payment was made on the account. Told them I don't acknowledge the debt etc. They have put the account on hold for a few weeks for me. They said they have written to me but haven't received any paperwork.