Statute barred

GeorgeUK

So you haven't made any payments or acknowledged you owe the debt in writing for 7 years? In this case the debt is probably statute barred and you should send the statute barred letter.

There are templates on the forum of from the nationaldebtline website that you can use.

They are allowed to request payment of SB debts but cannot enforce them (through the courts). Once you inform them you will not be paying a debt that is SB, they have no legal right to request payment again - the debt usually gets sold on to another DCA, but you just keep sending the same letter. This debt should not appear on your credit file.

DarkConvict

Statute barred Template - https://forums.moneysavingexpert.com/discussion/comment/11571227#Comment_11571227

minty1402

Hi, I have a question regarding this issue. I started to receive letters and phone calls from buchananclark and wells about a debt i owed from circa 1997. I wouldnt talk to them on the phone because earlier this year I had dealings with this *company* and just how they talk to people. In that instance it was for a so called debt that I knew I didnt owe and only eventually sorted that out by dealing direct with EON who the so called debt was with.
Anyway, I received this letter from BCW and couldnt at first think what this debt was, but then I recalled what it was and knew it was way over 6 years. I came online and did some research and eventually found a template regarding the statute barred thing.
I printed it off and sent it on its way(along with another debt letter from Lowell that i received). I didnt post either of them recorded delivery and the letters started with *WITHOUT PREJUDICE*.
Within days I received a letter from Lowells acknowledging that I didnt owe anything and the matter was now closed. However I didnt receive anything from BCW but I am now getting numerous phone calls, to which I aknowledge my name and then tell them I will only communicate in writing.
My worry is that I have read somewhere that putting *WITHOUT PREJUDICE* on a letter can actually be admitting the debt. Is this the case? I got the template from either this site or another similar one and printed it off in good faith. Other than that wording on the top, the rest of the letter is pretty much the same.
Some advice would be appreciated. I am wondering whether to send another letter and this time recorded delivery?
I havent had anything in writing from BCW since I sent the letter on 7th June 2010 just phone calls.

Thanks in advance
Diane

Tixy

You could send it again - or you could send an amended version of the follow up letter and add in something to tell them to stop calling you as well. Its best to send it recorded so you can prove they have received it.

Follow up letter is the 3rd letter in the link DC gave above.

Without prejudice won't mean you have admitted the debt, but I don't think you need to include it in future letters either.

gerryscot

Hi guys

I’ve received a court small claims summons from Yuill & Kyle solicitors for a statute barred debt (Scotland over 5 years ago). Its an old Capital One dept that has been purchased from a company called Arrow Global in the USA. Could someone please look over the following letter that I intend to send and let me know if its ok.

Thanks a million
Gerry x x

I have received a Small Claims Summons from Glasgow Sheriff Court with the above summons number for a debt that you claim is owed by myself.
I am sure you are aware that as this is a statute barred debt that you are no longer able to take any court action against myself to recover the alleged amount claimed
Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. I am severally disabled awaiting a lung transplant I will lodge a formal harassment complaint to Trading Standards, along with a report to the OFT questioning your fitness to hold a consumer credit license.
I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:
(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged,
then as from the expiration of that period the obligation shall be extinguished:"
I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973.
I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

gerryscot

fermi wrote: »

As you have received court claim, you need to defend such a claim rather than just writing a letter.

http://www.consumeractiongroup.co.uk/forum/legal-issues/

Thanks Fermi
Got court claim Small claim Summons 2day.

gerry x

jknowles

Hi,
I have posted on here quite a few times and received some great advice BUT now I'm being chased again by buchananclark and wells. I have sent a letter asking that they write to me instead of having to call them which they previously asked in a letter and I also asked for a copy of the original bill which they stated that they would, but haven't. I didn't hear from them in weeks then I got a letter this morning stating "legal notification" and that they are preparing a case against me at court.

I'm very worried because it states that it will effect my credit rating and I've only just repaired it.

I can't send a statute barred letter because I haven't seen the original bill despite not paying anything or stating that it's my debt. The dates they have on the debt are completely wrong and I have informed them of this with evidence (tenancy agreement) but they still ploughing on ahead with trying to get a court order on me.

Please could anyone advise me on what the next step I should take.

Thanks

GeorgeUK

jknowles, have you sent the dispute letter? I would do that first and make sure the letter is sent by recorded delivery.

Is the letter saying that they WILL take you to court, or that they MAY?

They are probably just trying to scare you, but you need to make sure you have proof that you requested evidence of the debt before anything does go to court. In the dispute letter, make sure to state what proof is required (copy of statement and credit agreement if applicable).

NorthernLas

George - Can I ask when you say 'dispute letter' do you mean the letter from National Debtline 'To complain to debt collections agencies who pursue you when the debt is not owed'

http://www.nationaldebtline.co.uk/england_wales/temp/6887_24971.pdf

or if the debt is old could you go straight to send 'dispute liability where DCA has not contacted you in 6 years' even if the debt is not yours.

Thanks

NL

poollie1

I keep receiving letters from different people at my parents home for a debt I am suppose to owe, I think they are all referring to the same debt. I have no memory of such a debt taken out whilst I lived with my parents only a mobile phone. As I have not lived with my parents since July 2004 the debt must have been taken out before this date, therefore would this debt be Statute Barred by now. Also has anyone had any dealings with Lowell Finance, Fredrick International Limited and Bryan Carter Solicitors as the latest letter was from these threatning court action. If any one can help it would be greatly appreciated.