How long can an alleged debt stay in dispute?

[sportsflash1]

A credit card debt has been sold on to a DCA. The alleged debt is over 6 years old but isn't statute barred as payments were made to the OC and then the DCA.

 

When requested, the DCA managed to come up with a CCA that could well be enforcable. Following general advice on here - a SAR (Subject Access Request) is sent to the OC. But there isn't much info as the alleged debt is over 6 years old.

 

The DCA is informed that the alleged debt is in dispute, and have been quiet since.

 

How long can this go on for? - The alleged debt would have consisted of a lot of unlawful charges with interest added. But over 6 years old so can't be reclaimed. But I expect the DCA to start chasing again sooner or later.

 

Any ideas?

[deathbycrayons]

Subbing..

[cymruambyth]

I may be wrong, but I think they can chase you for ever, though after 6 years of non payment it becomes sb. I'm sure Bankfodder had done some work on claiming charges beyond 6 years?

[harrassed senior]

If, after sending the SB letter, they still keep chasing, could that then be classed as harrassment and dealt with accordingly?

[Enron]

If after 6 years from the last payment, you are still be chased then inform them that they are chasing an alleged debt that is statute barred.

 

In the instance persist after being informed of the SB status then contact trading standards who can prosecute under the Administration Of Justice Act. It would be an idea to mention this both to the DCA, and the owner of the alleged SB debt if it is a separate creditor.

[Kraken1]

who can prosecute under the Administration Of Justice Act.

 

Err....I think you mean the CPUTR '08.

 

You need to show harassment. What is harassment? Well, errr...its...ummm....

[sportsflash1]

Thanks for your input everyone - I think I might have made my question a bit of a muddle by mentioning the statute barred aspect.

 

I have often seen people advised on this site to send a SAR to the original creditor if a DCA produces an enforcable CCA. Since a large portion of the debt would consist of unlawful charges.

 

The SAR I recieved was really just some statements, there were no copies of any letters or default notice or anything else - I did ask but was assured that was everything.

 

It just seems to me that we have reached a stalemate. I can't claim on unlawful charges and don't have enough information on the alleged debt. As I said before, the DCA have gone quiet since I told them of the dispute, but I can't see them staying quiet for long. I just want to know where I stand and how long I can hold them with the "in dispute" argument.

 

Thanks again.

[Huff&Puff]

You can keep them in dispute until the debt does indeed go Stat Barred. Unfortunately, though they aren't supposed to chase debts that are in dispute, they will do anyway Report them to the OFT and Trading Standards if they do.