Debt from 2002

[angelamc777]

Just a quick question please if someone could help me out.

 

I have a debt from 2002 which I have received a letter from a DCA demanding payment. I have checked my credit file and the debt is dated 2002 and although the last payment made on this was in 2002 the default date is 2005.

 

My question is, does the debt become statute barred from 6 years after the last payment or 6 years after the default date?

 

Many thanks in advance.

[pmhcfc]

Just a quick question please if someone could help me out.

 

I have a debt from 2002 which I have received a letter from a DCA demanding payment. I have checked my credit file and the debt is dated 2002 and although the last payment made on this was in 2002 the default date is 2005.

 

My question is, does the debt become statute barred from 6 years after the last payment or 6 years after the default date?

 

Many thanks in advance.

 

Debt is statute barred from the time of the last payment or acknowledement in writing. Who is the DCA chasing? Ruthbridge or Cabot maybe?

[silverfox1961]

hi,

Six years from last payment date so statute barred. If they tried to say it's not statute barred because the default is in 2005, you now know better.

[cerberusalert]

If you are certain it's 'Statute Barred' send the merkins this;

 

Dear Merkins

 

Acc/Ref No 4563210025897412

 

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

 

We 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.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

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

 

We look forward to your reply.

 

Yours faithfully

 

Print Name do not sign

[angelamc777]

The letter is from Buchananclark + Wells and Aktiv Kapital UK LTD is listed as pursuers. The letter mention court action and advises me to call to arrange a time for a debt investigation officer to call.

 

Thanks for the responses, I will post the letter and see what happens.

[cerberusalert]

Reactive crapandall must be desperate to collect some money to pay the redundancies of the 15% of staff they are shedding:rolleyes: