time barred?? - help needed

iloveshoes_2

Over the last 6 years I've worked hard at paying off my debts and recently my last default came off my credit record. I've now managed to get a credit card - for emergencies only! - and a new mobile phone contract.

But today I received a letter from a DCA saying a debt for an orange phone had been passed to them. They're threatening to put a default on my account if I don't pay.

I ended my Orange account at the start of 2003 and the last letter I can find from them is dated 2004 saying the last statement they sent me was march 2003. I didn't acknowledge any of the letters/invoices and didn't attempt to make any payments. is this debt now time barred after 5 years (I live in Scotland).

The amount they want is not huge - £160 - but I didn't believe I owed them anything at time of cancellation. I can just about afford to pay it so should I just stump up to protect my new improved credit rating or is it worth fighting?

Any advice welcome!

itsnever2lateisit?

If its statute barred then that what it is, I cannot see that the DCA has the right to apply a default. This is a case of nerves I guess. If you can stand it then send them a letter stating is statute barred, and you do not expect to hear any further. But make absolutely certain that it is over 5 years ago

iloveshoes_2

But is it time barred if I got a letter from them in 2004? I didn't acknowledge it or pay but I did RECEIVE it. That's the last I heard from them until now.

Can I just SAY I didn't get it ? Or is it enough if orange can prove they sent it? They've not been in regular contact over the last 4 years, I think this is happening now because of the new phone contract i got.

fermi

Receiving a letter from them is not acknowledgement.

You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt: if

• the creditor has not already obtained a decree against you; and
• you or anyone else owing the money (on a debt in joint names) have not made a payment on the debt during the last five years; and
• you have not written to the creditor admitting you owe the debt during the last five years.

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in Scotland then the limitation period is 5 years.

Have a read through this factsheet.

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of the factsheet.

If you are unsure about whether the debt is "time barred" then give National Debtline (who wrote the factsheet) a call to discuss it with a professional advisor.

iloveshoes_2

Thanks for your help. I think I will give the debtline a call.

I've checked my credit record and it's showing an active orange account with no missed payments! According to the letter orange sold the debt at the end of 2007 but the DCA is just getting in touch with me now. I'm totally confused!

RAS

Based on some of the orange storoes on here

1. it may not be your debt
2. the account may have been sent to a DCa by accident.

I can think of several were Orange have withdrawn the account from the DCa after investigation.

iloveshoes_2

If orange have left what looks like an active account on my credit report will that count as 'regular correspondence' even though I didn't know about it?

It looks as though I'm making regular payments to them even though I haven't given them a penny since the end of 2002.