Statute barred debt - just a quicky

[gyzmo]

Got a letter from some debt collectors the other day re a debt tha is over 15 years old. Last contact was about 10 years - it is definitely statute barred.

 

Am I correct in thinking that all they can do is ask nicely for it (and be told equally nicely to go away)?

[pt2537]

YES, they can ask as much as they like but that's all they can do;)

[sequenci]

Totally with Paul on this one, they *could* take action but you would have a total defence to it.

 

Remember with the Limitation Act, the burden of proof is with the creditor to prove to you they have the right to be chasing you.

[The GodMother]

If and i mean if they do bring action against you you will need to prove you have informed them the debt is statue barred.

 

I would advise you look in the templates and look at letter M, i think, and send the letter off. The templates can be found above these threads.

 

Just a question is it Mackenzie hall by any chance?

 

Chrissi

[gyzmo]

My my - how insightful ! It is. I am aware of their tactics also!

 

Thanks all.

[itsafunthing]

Last week i received a letter from Lewell Portfolio asking to confirm my address. After trawling the internet i found this site and binned the letter.

 

This morning i recieved a letter stating that they have purchased the debt from B/Card on December 14th 2007. I haven lived at this address for over 10yrs and no contact has been made.

 

How does the Limitations act operate with B/Card selling the Debt, this is of cause if they actually have.

 

I plan to send the barred template letter within this thread, but does the fact that it has been sold effect the Limitations act.

 

Thanks in advance.

[pt2537]

Hi

 

The simple answer is no, providing there has been no written acknowledgement of the debt or payment made by you towards the debt for a period of 6 years, then that's it, the debt is statute barred

 

and it cannot become unbarred

 

i hope this helps

 

 

regards

 

paul

[itsafunthing]

Thanks Paul!

 

I'll send the letter and see what happens.

 

Regards,

 

Rob