How long can conumser debts be legally chased?

time-4-a-new-start

The CCA was part of the complaint in 2019 that ran into 2020. They were asked to share it and did it after the alloted time of 12 working days. It took them over 140 working days.

Anyway I'll ignore them for the time being. The tactic of calling to your house is a usual ploy and seen them all before back in 2011

RAS

Ignore the 12 days stuff.  They came back with something. Was that just a statement, a reconstituted agreement, or what? Do you still have it?

time-4-a-new-start

I can't remember. I'll need to dig it out. It was a long time ago and had moved on. Had settled with other creditors and all was paid and done a long time ago. 

time-4-a-new-start

Hi All

A few more updates on the above as keen on your advice and inputs.

As the letters continued, I emailed the creditor in March to say the debts are statute barred as over 6 years. The original default was 2011 and the last payment via a DMP was 2017.

The creditor replied in March to say a £1 payment was made on the accounts in May 2019. This was linked back to a CCA request. The original payment in March 2019 of a coin in the post was rejected, so a cheque had to be sent in May 2019.

Does a £1 payment for a CCA request constitute ownership of the debt and can it be treated as a payment towards the debt? Or is it a payment to request and determine the actual ownership of the debt?

If the £1 is accepted, the 6 year window ends in May. Should I just ignore it for another month until that date has passed? 

Resolve Call issued an email about a home visit this week.

A quick recap of the key dates:

2011 - Default applied

2011 - DMP started

2017 - Last payment sent as part of DMP

2018 - Final settlements offered (creditor rejected)

Thanks 

fatbelly

fatbelly said:

So it may or may not be statute barred depending on whether the Jan 20 letter can be construed as an acknowledgement.

Ideally we want to get through the next 9 months (without you acknowledging the debt and them starting a court claim) before you start sending letters from the stepchange website

At the moment all they are doing is suggesting a visit. Let them. Ignore their letters. Ignore their rep. Not a bailiff at this stage. Just a fancy hand-deliverer of a letter.

They may be unsure themselves whether this is statute barred and so may not be willing to risk a claim but just see how far they can push you. There is another thread like this on the go at the moment.

You said this was 'credit card and personal loan'. Are these being pursued as two separate debts or have they been combined under one reference?

I believe your latest email may count as an acknowledgement in writing

time-4-a-new-start

Does it not say...

Any letter or email sent to you from the creditor during this time

A letter or email you have sent explaining why you do not agree that this is your debt

Which what that email was.