Deleted

Big_Dog32

Sorry Deleted.

Brie

I'd be sending them the prove it letter first.  Chances are they won't be able to.  

Sourcrates might have a different opinion.

ManyWays

Its hard to guess if its statute barred as you havent said when you last made a payment to this debt

Brie

Big_Dog32 said:

Big_Dog32 said:

ManyWays said:

Its hard to guess if its statute barred as you havent said when you last made a payment to this debt

Thanks for your reply. The last payment was made in January 2024.

Sorry 2004

Definitely sounds like a fishing exercise!!  Don't do anything by phone or text or email.  Do everything by post.  Don't give them any easy way to harass you.

Grumpelstiltskin

I would start with the prove it letter.

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum

Send by post and see what comes back.

sourcrates

Or send the hybrid version, that you have no knowledge of any debt from 2004 and it would be statute barred anyway.

Keep in mind its not uncommon for these companies to "invent" phantom payments of say, £1.50, just to keep you guessing, up to you really.

fatbelly

If they have indicated that no payment has been made since 2004 and there is no ccj on the debt then the hybrid letter suits the circumstances

Otherwise you will have to use a prove-it, and then a second letter.

There are a lot of these sorts of debts floating around at the moment.

sourcrates

If still within the 6-year limit, a CCJ is on the verge of expiration without the debt being recovered, there is a provision to appeal to the court for an extension.

Although, to do this the creditor will have to prove clear and plausible reasons why the debt was not recovered within the 6-year period.

The evidence must be convincing to the court to get an extension. 

After the the expiration of six years, the creditor has no recourse to the courts, the judgement although not statute barred, becomes unenforceable.

Section 24 of the limitation act applies to judgements over 6 years old, we don`t have a template letter as such, but you can cobble one together from the information here if required.

"Sec 24Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable".