Ancient Debt!

[cosmiccat]

Have today received stroppy letter from Buchanan Clark Wells, claiming to be a final notice, although the first thing I have received from them! They are acting on behalf of Activ Kapital (again, first I've heard of it), on a debt to Arcadia Burton group. This debt dates back to 1997, and I have told them this. I have also pointed out that I paid this off well before I had my son, who is now eight! Therefore, I have no debt with them at all.

They aren't having any of this and have said unless I can prove it (paid off at least ten years ago, and no further communication - sorry, don't have the receipt anymore!), that they will pursue me in court for this.

What can I do? Can't prove I paid it, so don't appear to have a leg to stand on.

I haven't acknowledged the debt, as there isn't one as far as I'm concerned (!), but some advice on where to go now would be appreciated. As I mentioned, this is the FIRST I have heard of this in 11 years (8 of which at my current address, and on electoral roll so not hiding away). Many thanks for any advice!!

[Hobbie]

The debt is statute barred now anyway, so you don't need to prove anything, it is up to them to prove otherwise.

 

Send them the statute barred letter from the templates.

 

DO NOT PHONE THESE PEOPLE AND REQUEST ALL COMMUINCATION IN WRITING

If these people phone you, refuse to answer any of the security questions, and to discuss the matter with them, say politely "Please put any further correspondance in writing, Thank you." Then hang up the phone.

[cosmiccat]

Sorry to sound dim - what is 'statute barred'? Does this mean they have no right to chase the debt anyway? What do I do if they continue to chase me for it? How could they prove it was never paid? Does statute barred only apply if it actually gets taken to court, and what would happen then? Sorry to sound so vague, but really haven't a clue what's the best to do.... Thanks all!

[cosmiccat]

Also, (sorry sorry sorry - such a virgin at this!!) does something become statute barred automatically, and if so, can I prove this? Or is it just an assumed state after a certain period of time? Thanks again all!

[Hobbie]

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years (England and Wales) and 5 years (Scotland) and no action has been taken on the account.

 

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable.

 

It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

[saintly_1]

Hi what you need to send them is letter M from here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162353

 

As Hobbie says the debt seems to be statute barred. This means there has benn no acknowledgment of the debt for a period of 6 years.

 

The onus is on the DCA to prove that the debt is not statute barred/owed and not for you to have to disprove

 

saint

[cosmiccat]

Thanks for that, shall send the letter and see what happens,....!

[Hobbie]

Do NOT sign the letter either, just print or type your name.