Hi,

Just checking that my debt would be statute barred - it is unsecured loan and balance now showing is £2984.

Last payment was made on 7th December 2007 to welcome finance themselves and no communication has taken place with MKD or Welcome since except for sending this letter today. -

Dear Sir/Madam

Without prejudice

Account No: ******8158 0

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I would also request evidence that Welcome Finance did not also put a default on the account more than six years ago as I allege that you have placed a second default for the same debt. Therefore, I would request it is removed from my account.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to hearing from you.

Yours faithfully

Have I done the right thing, default is due to go off credit report on 2nd January 2016 - but a seperate query exists as to whether MKD put another default on the file years later as well as Welcome Finances original default (unfortunately cannot prove this as no data from Welcome is now on my report). Should I do a SAR on Welcome as well to find this out?

Thanks

NS

Don't send the letter until you get more advice - you could be making things even more messy.

I can't give more advice but watch your step here as you could accidentally re-start the clock ticking. Acknowledging something is nearly statute barred can be a very tricky road to travel.

Hi,

Thanks for the advice but I'm under the impression it should have been statute barred way back in 2013 as last contact or acknowledgement was in Dec 2007?

NS

Don't send the letter until you get more advice - you could be making things even more messy.

 

I can't give more advice but watch your step here as you could accidentally re-start the clock ticking. Acknowledging something is nearly statute barred can be a very tricky road to travel.

In your post you said the last payment was 7th December 2007 - statute barring would be 6 years after that date so 7th December 13 would be the statute barred date.

Unless you have had any letters from MKD or Welcome I would leave well alone, let sleeping debts lie.

Thanks, but I've sent the letter before I posted this because the Debtline advised it in case they try and launch a CCJ just before the default drops off on 2nd January......hoping I've not done the wrong thing now

Why were Debtline involved? Are you in an arrangement to pay with them or something similar?

It was the National Charity Debtline, just rang them for advice as was worried about them waiting until just before default would fall off credit report then start CCJ proceedings and they told me to send that letter off the website

Hope that you haven't opened a can of worms for them to chase you hard for the next few months.

I would have waited until they made their move first.

I would certainly be sending a SAR to Welcome, may reveal alsorts

What letter did MKDP send you that made you contact them?

They didn't send me anything.......just got panicked after reading they suddenly spring in to action sometimes when the account is about to get knocked off the credit rwport so rang national Debtline who said could pre-empt it with a statute barres

Oh dear, just SAR to welcome then

Will do, presuming from your response I've made an unwise decision?

[

QUOTE=theoldrouge;4767063]Oh dear, just SAR to welcome then

These things are best left well alone if no correspondence is being received

Your letter wifi certainly bring it to their attention

Hi, Just a quick update ......recieved this letter today advising that they have investigated and that they have removed default etc from credit report but will continue to pursue. Strange as they also sent me the statement of accounts showing that no payment or acknowledgement has been made since 4th January 2008 which is beyond the 6 years......any tips on how to proceed, pics attached.

Thanks all

[ATTACH=CONFIG]59018[/ATTACH][ATTACH=CONFIG]59019[/ATTACH]

Simply send the statute barred letter back - and that should be the end of it.

Just received a letter that they have sold the debt to Hoist Portfolio Holding 2 Limited who advise to speak with Robinson Way in the future. Is there anything for me to worry about with this development?

Robbers way are the bottom feeders

They specialise in trying to get people with statute barred debts to pay

All mouth and no trousers

You just ignore them unless you get any letters actually saying they will take legal action, or simply send them the statute barred template

I cannot understand why people pull a tigers tail and not expect to get bitten (Not your fault, bad advice given)