Statute barred

mrstheking

You're a star rog2 - I thought the debt was mine but since realised it was an old joint account that should have had my name taken off it...Hubby wasn't too impressed as I'm usually so vigilant with things like this.

naijapower

I think people should be encouraged to report Aktiv Kapital to OFT. The more i read about them, the more disgusted i am.
Surely they cant get away with this lousy behaviour

speirsro

Hi Zosie,

Thanks for your reply - I'm really just hoping that nothing happens within the next 2/3 weeks.
If I follow the guidelines on barred debt, it would appear the limitations period has passed - but it doesn't say anywhere about using the card within the time - and before I start fighting, I just need to know I'm right!

I'm keeping my fingers crossed...

Thanks for your help!!!:)

kaya

very informative thread, thanks to the "knowledgable people", are there any debts that do not come under this legislation? e.g. i just recieved a letter from the dwp debt center(off benefit) in manchester requesting payment for a crisis loan which must be at least 10 years old ?

bensdad1

Hi all,

I have been receiving letters over the last few weeks from Makenzie Hall regarding a debt from approx 7 years ago. I sent them the 'Prove it' letter and they subsequently sent me a photo copy of the original signed credit agreement. I have since sent them a Statute Barred letter as I am damn sure the last payment was made in early 2002. They have since replied with a letter stating that the default on this was in Feb 2004 and that the debt is NOT Statute Barred???

Where do I go from here, I thought a Statute Barred is from last payment/acknowledgement and NOT default date. Although I do not understand where that default date has come from as I have made no contact with any creditor since 2002.

fermi

Statute barred debts - Limitations Act 1980

The Limitation period runs from the last payment or acknowledgement in writing by you.

Nothing at all to do with when the default was issued, especially if that was years later.

Send MH this recorded...............

Letter

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> http://forums.moneysavingexpert.com/showthread.html?p=21680417#post21680417

fermi

kaya wrote: »

very informative thread, thanks to the "knowledgable people", are there any debts that do not come under this legislation? e.g. i just recieved a letter from the dwp debt center(off benefit) in manchester requesting payment for a crisis loan which must be at least 10 years old ?

Here.....................

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

Benefit Overpayments & Social Fund Loans

The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this. This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.

bensdad1

Fermi,

Thanks for your previous help with the letter template, I have sent that recorded delivery, but this morning have received a letter stating that a doorstep agent will be visiting within the next 10 days to make an assessment, bla bla. This is really starting to stress me and my partner out now. Are they just trying to scare us or can they legitimatley come round. Do they not understand 'Statute Barred'

Cheers

the_pazza

Hi, i'm looking for some advice...
back in 2002 i took out finance on a car and shortly after got into financial trouble ending with the car getting taken back shortly after xmas 2003.
previous to the car getting taken i had no contact with the finance company and no ccj was put against me so when they contacted me out of the blue a couple of months back i was quite surprised- the letters continued every couple of weeks until i got one about three weeks ago saying they were going to make me bankrupt so i asked advice on here and was directed to a statute barred letter to send them which i did recorded delivery.
I've heard nothing until today when i got a letter which read:

Dear sir,

We refer to the above matter and in particular your letter dated 11th may 2009
you are claiming that we are unable to pursue you for the recovery of your outstanding debt as the debt is statute barred.

your account was not terminated until 28/07/2003, therefore the account is not statute barred.

writing to you to request payment is, in our opinion, wholly reasonable.

it then goes on to ask me to complete an income and expenditure form that was enclosed.

does anyone have any advice on what i should do and whether or not what they are saying is correct?
I have definately not paid any money or had any contact with them, nor admitted liability for the debt since 2002.

The other thing is i have checked my credit report and they have been putting defaults against me for 4 months up until the 1st april this year.. is that allowed?

thanks for your time and i'm sorry to post such a long thread but i really dont know where to go from here?
Another link to some sort of letter i can send them would be brilliant if anyone can help?

thanks, Mark

rog2

the_pazza wrote: »

you are claiming that we are unable to pursue you for the recovery of your outstanding debt as the debt is statute barred.

your account was not terminated until 28/07/2003, therefore the account is not statute barred.

They are wrong, Mark. The 'Limitation Period' is six years from either:

The date that you last made a payment towards the account,

or

The date that you last acknowledged, in writing the debt.

Not from 'the date at which they closed the account.