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. -
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.
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?