Statute barred debt - another letter please help

mum2b

Hi there,
Where do I start! My partner recieved a letter from a debt collection company on the 12th March claiming he owes them £8000+, having looked through similar posts on this forum and others we sent one of the statue barred templates I found by recorded delivery which got to them on the 25th March. The debt is more than 6 years old and he is sure he has had no contact with them as he consolidated all his debts and is sure this debt was included in the consolidation many years ago.
We have just had a 'reply' - in no way is this letter acknowledging the statute barred letter we sent, dated 27th March saying all attempts to resolve this o/s debt has failed that they will add additional charges to the account and that this notice provides us with the required 7 days notice of their intention to take legal action and obtain a CCJ against him! Then says a bit about seizing assets or attachment or earnings order with employer!
Does anyone know what the next move is?
We are tempted to get a solicitor involved or something as we don't need this stress - I am 7 months pregnant with our first child! But can't really afford expensive legal advice.
I have kept copies of letters sent and recieved although he has no paperwork re the loan or consolidation or payment as it was so long ago!
Please please please can anyone help?:mad:

fermi

Is this debt to do with the shortfall on a previous house/mortgage? That is one of the only cases when the limitation period is 12 years not 6.

If the debt is a normal one "statute barred" after 6 years then they would fall flat on their face if they attempted to go to court.

The "statute barred" letter would be a defence that would stand up in court, and it would be for them to disprove it.

It seems to me that you have just had another automatic threatening letter sent out before the debt collectors have realised that they are dealing with someone who knows their rights.

I can see that you are getting stressed with this, so why don't you give someone like NDL of CCCS a call to talk it through?

They should be able to reassure you that all the threats are empty, which they almost certainly are.

[SIZE=-1] You can contact:

[/SIZE][SIZE=-1]The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 111

[/SIZE][SIZE=-1]National Debtline - Tel: 0808 808 4000 [/SIZE]

BTW bailiffs never become involved until there is a court order, and even then you have to break the payments terms which are normally set at an affordable amount by the court. Again that is another over hyped threat designed to scare you.:mad:

rog2

If you are sure that the 'debt' is covered under the Limitation Act, and is, indeed Statute Barred, then let them try to take your partner to court. The only defence that your partner needs to enter is that the 'debt' is statute barred, as there has been no payment towards, or written acknowledgement of, this 'debt' for a period of at least six years (the Limitation Period).

If you are at all unsure of the status of the 'debt' then your partner should request a true copy of the original signed consumer credit afreement, which the dca (it does not matter that they were not the original lender) must legally provide you within 12 working days.
During this 12 working day period, or if they fail to provide your partner with the cca, then they can not 'pursue' your partner for payment.
Equally, in the unlikely event that they were to commence county court proceedings with your partner, he/she should state, in defence, that he disputes, or is unaware of, the 'debt' and has requested a true copy of the original signed cca, which, so far, the dca has failed to provide.

maddogpolly

good advice.... statute barred, thanks x

mum2b

Hi guys, I sent the template letter, and since we have had 2 maybe 3 more letters from different DCA's about the same debt.....I just keep sending the same letter to whichever DCA is threatening us, is there anything we can do to stop it?
Getting pretty !!!!!!!g sick of it now.....
Adele
xx

GeorgeUK

A statute barred debt is unenforcable, but it still exists.

The only way to get rid of this debt would be to pay it. I am definately not advising this, but even debts that have had a "full and final settlement" are being sent to other DCA's - even though technically the debt is completely paid off.

DCA's are not doing anything illegal in requesting payment of a statute barred debt so thereis really not much you can do.

rog2

GeorgeUK wrote: »

The only way to get rid of this debt would be to pay it. I am definately not advising this, but even debts that have had a "full and final settlement" are being sent to other DCA's - even though technically the debt is completely paid off.

Actually, George, once a dca has been told that the 'debtor' will NOT be paying the 'alleged debt' because it is statute barred, that dca should cease all activities aimed at pursuing that debt, whether through the courts or otherwise.
The sad fact, though, is that they don't, as we all know, pay any more than 'lip service' to the OFT Debt Collection Guidelines.
However - if they do sell/pass a 'debtor's details, relating to a 'debt' that the 'debtor' has stated he will not pay because it is statute barred, to another dca, then he could be in breach of the Data Protection Act.
It would certainly be interesting to find out if anyone has used the DPA against a dca in similar circumstances.
It may well be advisable to do a 'cca request' letter, as this definitely would prove that the 'debt' in question is, indeed, statute barred, with the added advantage that the dca will 'know' that it is illegal to pass on personal details of the 'alleged debtor'.

With regards to 'Full and Final' Settlement offers coming back to 'bite a debtor up the bum' after that 'debtor' has made a 'full and final' payment, then this is most definitely illegal. The only proviso is that any debtor making a F&F settlement offer must obtain confirmation, in writing, from either the original creditor, or the dca chasing that 'debt' that the payment will be accepted 'in full and final settlement'. In this case the 'debt' does disappear and any further attempts to collect against that debt would be totally illegal.
The problem comes where dcas use phrases such as 'partial settlement' or 'settlement', which leaves the door open for them to chase the 'balance' of that 'debt' at a later date.