still Statute Barrred if made payment??

[sparty101]

Hi, I have tried to find a thread that decribes this fully so hope someone can help me.

I was contacted about 12 months ago by a DCA for a debt from approx 2000 - 2001. They threatened all manner of collection tactics and 'persuaded' me to make a payment arrangement with them. The debt itself was for about £10,000 and I have been paying them £50 per month for about 1 year.

Recently I was contacted by a different DCA regarding a different debt and was advised to look into it being statute barred which I have actioned (thanks to the templates from here)

this has made me think about the first debt, as I have seen somewhere that if 6 years passed before making any payments then the debt is still considered unenforceable even though I have made the payments and probably in doing this acknowledged the debt. Is this correct? if it is how should I go about advising the DCA? is there a template letter that would fit this?

 

sorry its so many questions, hope someone can help

[havinastella]

You are correct, once Stat barred always Stat Barred.

 

Send this

 

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

 

 

Expct them to come back saying you have paid or adapt letter saying you have become aware that 6 yrs had passed before they bullied you into payment.

 

Also report them to OFT, TS etc.

 

Jogs

[ErikaPNP]

No. If you made the payment after 6 years with no acknoweldgement it does not become "unbarred". You have to have made a payment within the 6 years for the clock to start ticking again.

[sparty101]

fantastic, thanks so much for the fast responses. will get the letter out in the morning:)

[sparty101]

Hello all, I have finally now had a letter from the DCA (instant silver) involved in this (I have misplaced any previous correspondance so didn't have the reference number) because I had made payments towards the debt I tweaked the template a little. Could anyone have a look over this and let me know if I am making a mistake with my changes?

 

Dear Sir/Madam

 

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”.

 

A period of time greater than this transpired between the occurrence of this alleged debt and any payments coerced from myself towards it. Therefore we believe the act applies and this alleged debt is Statute Barred.

 

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 CPUTR2008

 

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

[cerberusalert]

Yes that's fine.

[kurvaface]

Perhaps you should add that if they continue to pester you without providing proof that there is no six year window where you have not paid into or acknowledged the debt, then you will, without hesitation, report them to trading standards.

 

What the heck.... ring trading standards anyway (08454 040506) and report them because you can be sure that they know it's a statute barred account.

[StayingCalm]

Hi sparty

 

Just wondering if you may be able to claim back what you have paid to this DCA.

 

Regards

SC

[kurvaface]

As far as I know, if you pay into a statute barred account you do not have grounds to get the money back. You still owe(d) the money. "Statute Barred" only removes their permission to press for payment.

[sparty101]

Hi, I have received a letter back from the DCA today which may change this a little for me

 

Their rather short letter states 'The agreement has already been enforced and judgement entered' it goes on to say immediate proposal for payment is required to prevent further court action.

 

it quotes Uxbridge county court and a claim number.

 

I don't specifically remember a CCJ against me, but at the time of the original debt there was a number of financial issues and did bury my head a little so could be accurate.

 

do I have any further options to stop me having to pay them anything? I am not really in a position to offer much.

 

I have read on other threads about asking for proof of the original agreement amongst other things could I or should I pursue this? or does the CCJ over ride this anyway

 

any help you can offer is greatly appreciated

 

thanks

[IdaInFife]

you need to find out if you do in fact have a ccj and when it was granted. either call uxbridge cc and ask or check your credit file

 

 

i would not trust a dca to be clear about ccj's so would always advise to check yourself

 

ida x

[cerberusalert]

They may indeed have a CCJ but if it's over six years old they would have to apply to the court for permission to enforce it & show very good reasons why they didn't in the past.

 

Does this CCJ show on your credit file? If not it's over six years old.