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    • Symple simon
    • By Symple simon 13th Jan 20, 1:04 AM
    • 12Posts
    • 3Thanks
    Symple simon
    Statute barred
    • #1
    • 13th Jan 20, 1:04 AM
    Statute barred 13th Jan 20 at 1:04 AM
    Sorry if this has been asked hundreds of times before, or even if I'm in the wrong place.
    But I am after some advice, so here goes..
    I received a letter before Christmas from the PRA Group about a debt they were trying to collect.
    I didn't recognise the name of the company they were collecting for.
    They were after a settlement figure of 10% of the amount they claim I owe.
    Now my Experian score is 994, it shot up mid 2018 after some details came off, and I obtained a mortgage without any problem in late 2018, have nothing on my file now regards any debts and am unsure if this debt is legit.
    Admittedly years ago I used to bury my head in the sand with financial matters. I honestly cannot recall engaging with them regards this debt.
    Surely this is just a fishing trip by them as I imagine this is now statute barred?
    My way of thinking is that if they had a genuine course of action then they would be after the full amount and not 10%?
    I will email them the statute barred letter to see what happens, but any advice will be greatly welcomed.
    Thanks.
Page 1
    • fatbelly
    • By fatbelly 13th Jan 20, 6:23 AM
    • 14,582 Posts
    • 11,683 Thanks
    fatbelly
    • #2
    • 13th Jan 20, 6:23 AM
    • #2
    • 13th Jan 20, 6:23 AM
    If you don't recognise the debt, how can you say it's statute barred?

    Start with a prove-it letter
    • Symple simon
    • By Symple simon 13th Jan 20, 6:40 AM
    • 12 Posts
    • 3 Thanks
    Symple simon
    • #3
    • 13th Jan 20, 6:40 AM
    • #3
    • 13th Jan 20, 6:40 AM
    It's been more than 6 years where I've been careful about my finances
    • Symple simon
    • By Symple simon 13th Jan 20, 6:49 AM
    • 12 Posts
    • 3 Thanks
    Symple simon
    • #4
    • 13th Jan 20, 6:49 AM
    • #4
    • 13th Jan 20, 6:49 AM
    I would imagine that if this company knew they were in the right and had a clear course of action then they would want more than 10%?
    • fatbelly
    • By fatbelly 13th Jan 20, 7:16 AM
    • 14,582 Posts
    • 11,683 Thanks
    fatbelly
    • #5
    • 13th Jan 20, 7:16 AM
    • #5
    • 13th Jan 20, 7:16 AM
    You know you haven't paid anything to this in the past 6 years but it may not be your debt. You said' I didn't recognise the name of the company they were collecting for'. There's definitely something dodgy about this. Send a prove-it letter and see what comes back

    https://forums.moneysavingexpert.com/showthread.php?t=2607247
    • sourcrates
    • By sourcrates 13th Jan 20, 9:34 AM
    • 19,111 Posts
    • 18,040 Thanks
    sourcrates
    • #6
    • 13th Jan 20, 9:34 AM
    • #6
    • 13th Jan 20, 9:34 AM
    Agreed, you cannot say its SB until you know if its even your debt, send the provit letter first to establish liability, once this is proved, and it turns out to your account, then the statute barred letter can be sent, if appropriate.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Symple simon
    • By Symple simon 13th Jan 20, 3:07 PM
    • 12 Posts
    • 3 Thanks
    Symple simon
    • #7
    • 13th Jan 20, 3:07 PM
    • #7
    • 13th Jan 20, 3:07 PM
    Prove it letter sent.
    A web chat with the National Debtline guys told me to send the SB letter.
    • WhenIam64
    • By WhenIam64 13th Jan 20, 5:22 PM
    • 989 Posts
    • 660 Thanks
    WhenIam64
    • #8
    • 13th Jan 20, 5:22 PM
    • #8
    • 13th Jan 20, 5:22 PM
    Once you've had your reply, and if it is not your debt, I'd be interested in how you approach the issue of being sent details of a person that is not you.

    Debt collecting has survived on cheap, mass-produced threats. These threats rely on abusing people's personal data and hosing it out to anyone that seems to fall within (for want of a better word) a "sucker".

    I didn't recognise the name of the company they were collecting for.
    If it is your debt, then nothing to do. But if it is not your debt, come back and see what can be done.

    Edit: Don't feel bad about complaining as courts facilitate the "sucker" principle too.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • Symple simon
    • By Symple simon 14th Jan 20, 9:25 PM
    • 12 Posts
    • 3 Thanks
    Symple simon
    • #9
    • 14th Jan 20, 9:25 PM
    • #9
    • 14th Jan 20, 9:25 PM
    They have asked for confirmation of my address and D.O.B.
    Why would they want my date of birth?
    • sourcrates
    • By sourcrates 14th Jan 20, 9:30 PM
    • 19,111 Posts
    • 18,040 Thanks
    sourcrates
    They have asked for confirmation of my address and D.O.B.
    Why would they want my date of birth?
    Originally posted by Symple simon
    Because they are unsure of who the debtor is, thatís why.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    forumteam@moneysavingexpert.com.
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Symple simon
    • By Symple simon 15th Jan 20, 7:05 AM
    • 12 Posts
    • 3 Thanks
    Symple simon
    I'm sure I've read somewhere that they have to prove I'm the right person.
    But how far do I have to go to assist them?
    • fatbelly
    • By fatbelly 15th Jan 20, 7:56 AM
    • 14,582 Posts
    • 11,683 Thanks
    fatbelly
    Both your address history and date of birth would be visible to them on a credit check.

    You've asked them for proof. They haven't provided it. The key point will be whether they go back to demanding payment. If they do, there is a further letter in the prove-it link.
    Last edited by fatbelly; 15-01-2020 at 7:59 AM.
    • Symple simon
    • By Symple simon 15th Jan 20, 2:35 PM
    • 12 Posts
    • 3 Thanks
    Symple simon
    I confirmed my address, but nothing more.
    This is the reply that's come today. -

    Thank you for your reply.

    I appreciate you being hesitant to give us your personal details, the reason we ask is so that we can protect your information by making sure we are in contact with the correct person before giving out any personal data.

    We do have this information on our system and just need to check that what you send matches; we would be happy to help you if you could respond with the requested information.

    If you would feel more comfortable communicating using a different method, you can choose one of the following:

    visit our website (pragroup.co.uk); where you can make a payment, set up a payment plan, find answers to commonly asked questions and complete a budget form; or
    call us on 0800 877 2772.
    Yours sincerely,

    Rhona Rollo

    Customer Solutions Team Agent

    PRA Group (UK) Limited
    • MEM62
    • By MEM62 15th Jan 20, 3:49 PM
    • 2,916 Posts
    • 2,596 Thanks
    MEM62
    But how far do I have to go to assist them?
    Originally posted by Symple simon
    You are looking at it the wrong way. The question is how far would you go to assist yourself. Giving your DOB may well prove that you are not the person that this debt is linked to and by withholding it you are not allowing them to exclude you if the debt is not yours.

    Just give them your DOB and establish whether the debt is actually yours. If it is then you fall back on your SB defence.
    • EssexHebridean
    • By EssexHebridean 15th Jan 20, 4:17 PM
    • 9,896 Posts
    • 50,306 Thanks
    EssexHebridean
    You are looking at it the wrong way. The question is how far would you go to assist yourself. Giving your DOB may well prove that you are not the person that this debt is linked to and by withholding it you are not allowing them to exclude you if the debt is not yours.

    Just give them your DOB and establish whether the debt is actually yours. If it is then you fall back on your SB defence.
    Originally posted by MEM62
    I don't believe this is correct - as FB says above -

    Both your address history and date of birth would be visible to them on a credit check.
    MORTGAGE FREE 30/09/2016
    SOA CALCULATOR (for DFW newbies): SOA Calculator
    • Symple simon
    • By Symple simon 15th Jan 20, 4:35 PM
    • 12 Posts
    • 3 Thanks
    Symple simon
    So should I give them my D.O.B?

    I'm not against helping myself by helping them, but I despise these type of companies, they rely on intimidation, and people not knowing what they can do/ask for.
    I'm certainly not going to make their job easier for them.
    • EssexHebridean
    • By EssexHebridean 15th Jan 20, 4:42 PM
    • 9,896 Posts
    • 50,306 Thanks
    EssexHebridean
    This is not my area but I would feel very much the same as you do. It is for THEM to prove that the debt is yours, not for YOU to prove that it isn't, would be my thinking.
    MORTGAGE FREE 30/09/2016
    SOA CALCULATOR (for DFW newbies): SOA Calculator
    • Symple simon
    • By Symple simon 15th Jan 20, 4:58 PM
    • 12 Posts
    • 3 Thanks
    Symple simon
    I keep reading that the emphasis is on the company to prove they have the right person.
    I'm not going to admit to something until I'm 100% sure.
    It's not very professional of them to say 'we know what it is, but we want you to tell us so we can check'.
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