Statute barred

jones1234_2

Hhi can anyone help me? a creditor has contacted me after 6 years from the credit agreement date and threatend my with balifs and court if i did not start paying my arrears. i foolishly said id manage 5 pound a mounth to keep them off my back. does this mean that i cant claim for statute barred?????? also i believe the aggreement to be mis sold to mein the first place??????

Dpmac21172

Hi Jones1234,

As far as I understand it if you have made no written contact or payemnt within six years then even if you have made a payment after that it still remains statute barred.

As I understand it , once a debt is statute barred it cannot be re-activated, I am new on here though and I would wait for confirmation from the "gurus" - GeorgeUK or fermi.

The one thing I have learnt from here is that DCA's are bullies and they will chance their luck whenever they can...

Dont worry too much , there are some really good people on here who I am sure will be able to give you the advice you need .....

Dpmac

GeorgeUK

Hi Jones. Unfortunately the credit agreement date doesn't come into this. It is 6 years from the last payment you made or when you last acknowledged the debt in writing. If you have spoken over the phone, this doesn't count.

When did you last write to anyone about the debt or make a payment?
What type of account is this for?

Dpmac21172

Received letter yesterday from Crapquest stating "we have received your letter sent special delivery and it is now receiving our attention" .....

Lets see what they come up with next .......

CAG_8888

GeorgeUK wrote: »

Dpmac, if you have made no payment towards the debt for 6 years and not acknowledged the debt in writing during that time, the debt is statute barred (unless it was for a mortgage or similar contract under seal).

Pootlemum99, as with DPmac's case, the same will apply to your husbands old debts. There are template letters on the board if you need them, but tell your husband he shouldn't confirm anything other than his name over the phone. There are lots of fraudster about that may use the phone to get information.

Hi,

I have the same issue with an old Abbey debt (12 odd years old) and CapQuest. I am going to follow the Statute Barred letter route but would like some advice on the 'Outstanding Debt' search now on my otherwise perfect credit file. Can this be removed? Do thay have to remove it if the debt is Statute Barred?

Any help or advice would be great.

Regards.

MrMedway

Hi all

I too had problems with CrapQuest, they seem to feature a lot on here. The Judge at my local court laughed at them when I showed him the written communication between us.

They try loads of tricks, so make sure you only communicate in writing

Shoe_Gal

Looks like Abbey and Capquest are doing this a lot! Got a letter on Saturday at my parents address (I have never lived there) in a name I haven't used for 17 years :rolleyes: Sent the 'statute barred' letter today, recorded delivery

GeorgeUK

CAG_888 - I'm not sure what kind of search that would be on your credit file. As i understand it there are 2 types of search - a hard footprint that creditors can see when making a credit check that all credit checks get listed on and a soft footprint that all other searches get put on. I believe that only you will be able to see the soft footprint searches so this shouldn't have any bearing on your credit worth. I would double check this by contacting the credit reference agency to double check that this is a soft footprint search and exactly what this means though.

zenmaster

Hi.

Late last year or maybe early this year I received a letter from a DCA regarding a debt from 20 odd years ago (which I thought had been settled at the time, but apparently not). Nevertheless, it was obviously statute barred. At the time I was living away from home but the DCA would phone my wife 4-6 times a day at all sorts of stupid times.

Having researched this I sent them a letter similar to the one in this thread but, as I recall, it was more strongly worded with regard to harrassment, specifically mentioning my family. This seemed to do the trick and the letters and phone calls stopped.

This week however I received a letter from a different DCA regarding the same debt. This letter clearly states "Statute Barred Debt". These barstewards have now taken to leaving SMS messages on my landline - a most irritating thing - 1 a day, until today when I received 2. They are obviously in need of a letter!

In the letter in this thread it states -

RAS wrote: »

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

Now the problem is does my letter to the previous DCA negate the "last correspondence/payment/acknowledgement" part and could this letter in fact be used as "evidence of [payment or] written contact from me"?

As an aside, the word "payment" appears in the bold phrase twice. I take it that this is a typo and not legalese?

Finally, the address I have for the DCA is a P O Box. Can I send a registered letter to a P O Box?

Thanks.

GeorgeUK

I would suggest they do not know what was stated in your previous letter and you can just send a SB letter to them. If they want to argue about it later - we can deal with it then.