Jump to content


Statute Barred or not?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1969 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Here is a copy of a letter i recieved from bramber debt recovery, as you can see they are confirming the account is statute barred but they are saying i contacted them on 29th December 2006 saying i was aware of this debt,I cant remember saying this over the phone...They are saying that they cannot confirm the matter is closed...

what should I do?

debt letter(bramber)1.jpg

Link to post
Share on other sites

If you haven't acknowledged this debt in WRITING or by making a payment then it IS barred and nothing they can say will unbar it.

A telephone converstaion doesn't count.

You could always call their bluff and demand a copy of the recording ;)

Be VERY careful whose advice you listen too

Link to post
Share on other sites

To examine their letter, lets turn the tables a bit and swap positions, assume you had sent them that letter and they had said in December 2006 over the phone that they owed you.

There is 2 possibilities:

1) The debt has not been admitted or payment made within the 6 year limitation period. The debt is already statute barred before the phone call. The phone call cannot restart the limitation period because it is already barred. Would you want to tell them the truth or hope you can fool them into believing otherwise?

2) The phone call is conveniently just inside the limitation period. Knowing a phone call does not count as acknowledgement would you continue sending letters/making phone calls, or would you ensure you put the matter in court and get a formal acknowledgement and CCJ before the limitation period expired? Again would you like to make them aware that they do not have to pay?

Now you can see that they only write what they do in the hope you do not know the law. If you do reply, do it through their official complaints procedure. Should they then wish to carry on, you can go to the FOS and land them with a £400 fee.

Link to post
Share on other sites

  • 11 years later...

Please can someone advise on a student loan taken out in 1996. can this be classed as statute barred?

I was under the impression that my student loans had previously been written off due to long term ill health for a considerable amount of time and i then never heard from them for deferment.

I have recently got back into work for the last few years and have moved house numerous times.

I have recently just received a letter in the post from Erudio and a solicitors acting for them to collect on a 7k debt for the loan taken out in 1996.

Given that i thought the loans were written off, this has caught me off guard and i am worried about it.

 

The question is: Does statute barred limitation still apply if i have changed addresses in the 6 year period?

 

They must have known where i lived, since they have posted this correspondence to me.

if someone could help i would be grateful.

 

regards

Link to post
Share on other sites

thread is from 2007!!

 

please start a new thread

of your own

 

dx

 

thread now closed to stop newbie bumping

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1969 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...