statue barred

[bluestwo]

Hi everyone,

 

I have been looking up about statue bared debts as I have a c/c from about 7 years ago for which I am being chased for.

 

I understand that if you have not made a payment in 6 years it becomes s/b which I have not and I have not admitted the debt since defaulting.

 

But I have have debt collectors chasing it all the time since defaulting (lowell bought the debt in 2006) I must have loads of letters from them, all of which I have ignored I have never had anyone at the door and never spoke to anyone on the phone.

 

So is the debt statue bared even though they have been writing and ringing? or because they have been trying to contact me can they still take me to court? Lowell they are still threatning court action.

 

Thanks in advance

[WelshMam2009]

Have they taken you to court in the 6 years and obtained a CCJ??

[bluestwo]

No just been writing the same threatning letters all the time.

[WelshMam2009]

My understanding is that the debt becomes statue barred 6 years from the date of your last payment.

 

I would be inclined to write to them, pointing this out and telling them to cease any collection activity or else you will refer them to OFT. Will post up a link in a second for a recent decision by OFT which will help you...

 

http://www.oft.gov.uk/news/press/2009/44-09

[westendwendy]

Here's the Statute Barred letter from the template library:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

[WelshMam2009]

Here's the Statute Barred letter from the template library:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

 

 

Yep...that's the one you need!! Thanks Wendy!!

 

Don't forget to send it recorded or registered delivery so that you have confirmation of receipt.

[bluestwo]

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”.

 

 

Call me silly but this is the bit that confuses me I have heard from them they have sent loads of letters I just not replied to them.

 

The problem is they don't no where I am living at the minute as my home was repossessed last June, they have nearly caught up with me but only have half the address the town and postcode are wrong, the only reason I know about the letters is because the postman is my aunties best mate so i wanted to be 100% sure before contacting them.

 

Thanks for the quick replies

[bluestwo]

Just looked it again the creditor was Capitial One they haven't been in contact for over 6 years just the dca's

[Bazooka Boo]

Try not to worry, send them the SB letter westendwendy posted, and leave it at that...unless they continue harassing you. In which case use the other template letters off here

Once a debt become SB then the unfortunate DCA who bought it cannot take any legal action against you to recover the debt. So they can't threaten you with any sort of legal action and certainly will not be able to seek a CCJ against you.

However each and every time the debt is sold from one DCA to the next expect to receive a letter asking for payment, send them the SB letter, then if they insist on claiming they can take legal action, or enforce any sort of proceeding to collect payment, they are then in breach of the OFT guidelines on Debt Collection that is the link to their site and you should save the PDF file for future reference.

If they do continue to ignore the guidelines then a complaint to the OFT would be advisable.

[WelshMam2009]

Call me silly but this is the bit that confuses me I have heard from them they have sent loads of letters I just not replied.

 

 

This is from the National Debtline site and should put your mind at rest...

 

What is the Limitation Act?

 

The Limitation Act 1980 sets out the rules on how long a creditor has to take action against you to recover a debt i.e. take you to court.

Unsecured credit debts

 

This would include credit cards, store cards, bank and building society personal loans, catalogues, finance company loans etc. You may have had a debt with an ordinary unsecured creditor that you have not heard about for a very long time. You may have moved address or thought the debt had been written off.

Out of the blue a letter arrives from the original creditor or debt collection agency asking you to make a payment.

You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt if:

 

• the creditor has not already obtained a judgment against you;
  

and

 

• you or anyone else owing the money (if your debt is in joint names) have not made a payment on the debt during the last six years;
  

and

 

• you have not written to the creditor admitting you owe the debt during the last six years.