Statute barred

Tixy

Sounds like its probably statute barred isis. I would send the letter. If they come back to say that it is not SB then its up to them to prove why not. If they try come back for more advice (as some DCAs have been known to tell blatant lies about what counts as the relevant date for the 6years).

Are you in England/Wales? Only if you happen to be in Scotland or NI its a slightly different letter.

isis333

I am in the UK Tixy. Just trying to find exact dates but its def around the 6 year mark now. Will send letter off asap.

Thanks for the advice x

spinnerdcc

I recently was contacted by a DCA initialy I agreed verbally to an arangement with them because The first time I spoke to them they got very heavy and told me I'd lose some of my belongings! and me being a bit gullible fell for it. It was only verbal and not written or signed by me in any form though. as I was sure my debt was way older than 6 years ( more like 8 in fact) I sent a generic statute barred letter via recorded deliver, They've ignored this And have sent another letteras they now say I've defaulted on their agrrement threatening court action and increased fee's or a visit from a door step collector. I phoned them and informed them and they claim they to have evidence it's not statute barred, I've asked them to send this.. any other tips?

It's Ruthbridge btw.

GeorgeUK

Do not contact them over the phone.

You need to write to them stating that the debt they are trying to collect is statute barred and you will not be paying. If you have done this (like the national debtline template letter), they are in breach of the OFT debt collection guidelines.

If a debt is statute barred, a DCA is able to request payment. The debt however cannot be enforced, even by a court if you tell them it is statute barred and they are not allowed to request payment again after you notify them in writing that you will not be paying.

How long ago did you send the letter?
Might be worth making a formal complaint stating that should the matter not be resolved within 30 days, you will be complaining to the OFT and Trading Standards.

spinnerdcc

They received the letter..( signed for it) 2 weeks ago

DarkConvict

Give this a read spinnerdcc - http://forums.moneysavingexpert.com/showpost.html?p=31549677&postcount=8

It is a response to a DCA still requesting payment after you telling them it is statute barred.

caithgal

sorry for being completely stupid but is it correct to think that if the debt is statute barred then that is the debt written off and not have to be repaid?

DarkConvict

In Scotland after 5 years it is legally 'extinguished' , so yes written off.

In England and Wales, after 6 years it is just unenforceable in court. This means that no court action like CCJ can be granted so payment. Making payment to the debt voluntary. So you can still pay towards it, but if you tell them you are not going to then it is considered unlawful harassment if they keep asking.

caithgal

DarkConvict wrote: »

In Scotland after 5 years it is legally 'extinguished' , so yes written off.

In England and Wales, after 6 years it is just unenforceable in court. This means that no court action like CCJ can be granted so payment. Making payment to the debt voluntary. So you can still pay towards it, but if you tell them you are not going to then it is considered unlawful harassment if they keep asking.

Thanks for this will let my mate know. we are in scotlnad and the 5 years is def up. he will be so pleased. thank you

Locke

A quick question...

Does it become statute barred 6 years after receiving a default or 6 years after your last payment/acknowledgment of the debt?

Also after 6 years will there be any record of it on your credit file?