old debt

garnhamr

I have about £2500 debt to lloyds for an overdraft i defaulted on back in 2007. I'd been paying token payments up untill december 2018. I stopped paying and the company stopped contacting me so i thought i'd escaped but then they sold it to PRA group who are saying they're going to take me to court unless i pay. I'm 3 months away from it being statute barred so i doubt i'd be able to use that. Is there anything else i can try?

sourcrates

Try asking for proof of your liability, send the prove-it letter to them, its written so as not to acknowledge the debt in question.

It usually takes a few months in order to get evidence together, it might delay things sufficiently.

Note as it was an overdraft, there will not be a credit agreement for it, but things like bank statements etc would count as proof.

How have PRA contacted you, by letter or by other means?

fatbelly

Also bear in mind they have to issue a preaction protocol letter before a court claim and give you 30 days to respond.

You will need to know the exact date of that last payment because if they start a court claim 6 years and a day after that date, the Limitation Act kicks in ... assuming you live in England/Wales.

garnhamr

I've already gone through all the prove it letters etc and then i tried the statute barred letter but they got the information of the last payment from the previous owners. I've got about 20 days until they do whatever they're going to do. Court action i presume. 

I don't know if me refusing to pay and saying it's statute barred now means i've reset the 6 year timer?

fatbelly

Only a court could decide that.

If you get a claim, defend it

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

If you get a preaction letter respond to it

https://debtcamel.co.uk/letter-before-claim-ccj/