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  • FIRST POST
    • nissan st
    • By nissan st 8th May 18, 12:40 PM
    • 45Posts
    • 1Thanks
    nissan st
    robinson way
    • #1
    • 8th May 18, 12:40 PM
    robinson way 8th May 18 at 12:40 PM
    hi people.
    a little advice please.

    ive just recieved a letter from robinson way ref ex santander for 520.
    this debt is about eight years old and i have not paid it or aknowledged it in well over six years.

    if my memory is correct its for an account with 100 o/d and minmum funding requirements.
    i never used the account and the charges for non funding started to esculate .
    all my own fault but i did try to deal with this at the time .

    im guessing robinson way traked me down becuase i discovered they had a ccj issued to me by them,for another account .
    i found out i owed them and put a 100 per month payment plan in place on there online portal. the portal would only allow me to set up account with old (ccj address) due to it only matching those details.
    i never updated my details yet .

    all defualts have long since dropped of my files

    im a little susspicious of the reasonable tone of the letter.

    "we need to agree a payment plan today"
    "if you do nothing further collections activity may be taken "
    "collection letters may be sent to your adress"
    "telephone calls may be made to contact numbers we hold in our records for you ,including work numbers".

    do i just need to send a statute barrered letter ?

    yes i owe this money .but it is all charges and they were ruthless with me trying to deal with it at the time whilst the amount was much less.

    thanks and apologies for my poor spelling etc
    if you do it its done
Page 1
  • National Debtline
    • #2
    • 8th May 18, 12:48 PM
    • #2
    • 8th May 18, 12:48 PM
    Hi Nissan St,


    It is possible this debt is statute barred, however, the issue may be when did the debt 'fall due'. If this was an overdraft, then the 6 year clock wouldn't start until the account was called in. The default on your credit file can be an indicator for when this was - on an overdraft (although the default and the 6 year clock are not strictly linked). The default has come off your file, it would further suggest there is an argument under the limitations act.


    Please be aware that under the limitations act 1980 it does state that if there has been a 6 year block of time since the debt fell due, with no written acknowledgement or payment to the debt and no county court action started, then the debt may no longer be enforceable through the county court and becomes known as Statute Barred.


    It would be up to the debt collector to prove the limitations act doesn't apply (as opposed to you needing to prove that it does), so you could send the limitations letter and see what reply you get.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • nissan st
    • By nissan st 8th May 18, 12:57 PM
    • 45 Posts
    • 1 Thanks
    nissan st
    • #3
    • 8th May 18, 12:57 PM
    robinson way
    • #3
    • 8th May 18, 12:57 PM
    Hi Nissan St,


    It is possible this debt is statute barred, however, the issue may be when did the debt 'fall due'. If this was an overdraft, then the 6 year clock wouldn't start until the account was called in. The default on your credit file can be an indicator for when this was - on an overdraft (although the default and the 6 year clock are not strictly linked). The default has come off your file, it would further suggest there is an argument under the limitations act.


    Please be aware that under the limitations act 1980 it does state that if there has been a 6 year block of time since the debt fell due, with no written acknowledgement or payment to the debt and no county court action started, then the debt may no longer be enforceable through the county court and becomes known as Statute Barred.


    It would be up to the debt collector to prove the limitations act doesn't apply (as opposed to you needing to prove that it does), so you could send the limitations letter and see what reply you get.


    Laura
    @natdebtline
    Originally posted by National Debtline
    Thanks Laura
    I understand what you have said.
    Is it fair to say i have nothing to loose by sending the limitations letter ?
    Also is there a link to it on the site ?
    if you do it its done
    • Gary_Dexter
    • By Gary_Dexter 8th May 18, 1:06 PM
    • 1,725 Posts
    • 997 Thanks
    Gary_Dexter
    • #4
    • 8th May 18, 1:06 PM
    • #4
    • 8th May 18, 1:06 PM
    Yes send it by all means:

    https://www.stepchange.org/Portals/0/documents/info/Statute-Barred-Template-Letter.pdf
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