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travelmatty

Can I use a Statute Barred?

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Hi,

 

I have just been contacted about a debt for a mobile phone contract from 2003. This is the first time I have been contacted about this debt since 2004 as I have been out of the country for most of the time since.

 

I paid some money to them on the 12th July 2010 not knowing about the statute barred.

 

I have checked my credit report with Equifax and I can see the default was place on my file in July 2004. My problem is Im not 100% sure when this was exactly placed on my file as it does not say. Although it does state that my account was closed on 11th July 2004.

 

Would this mean that as I admitted acknowledgment the day after the 6 years of my account closing that I can write to the collectors stating this?

 

Thanks

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Guest Mrs Hobbit

If you made a payment, you have started the clock ticking again.

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That's what I thought, but just wanted to check as it was a day after the 6 years was up.

 

Thanks for the info.

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Hi,

A default would have been place two or three months AFTER your last payment.

 

The best bet would be to SAR the telecoms provider to get copies of your statements. That would tell you when the last payment was made and if it is before july 2004 then it will still be SB and then it won't matter if you have paid.


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Thanks for the info, my last payment would of definitely would of been before July 2004.

 

So to clarify (Sorry only just found out about SB today and am still researching) the SB is not from when you defaulted but the date of my last payment to X company?

 

I thought I did read somewhere that even if I did make a payment after the 6 years then it didn't reset for another 6.

 

Thanks for all the help as the collectors who have this are being very unreasonable and scared me into a payment saying that they will send people round and start court action for a CCJ.

 

 

Many thanks

Edited by travelmatty

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Send the provider-NOT the DCA-letter 11 from here:

 

The Consumer Forums - Debt collectors

 

Ok, it costs a tenner but it could well save you a lot more

 

Send the DCA letter2 from the same link. It matters not that you have paid them this time and if it was me, I would badger them to repay it (they won't though)

 

You are correct in saying that once a debt is SB, nothing can un-SB it


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I will get these posted on Monday and thanks for all your help.

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Guest Mrs Hobbit

Is that right SilverFox? I was certain once you made a payment you it started the clock again.

 

Live and learn...

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Is that right SilverFox?
Yes, once SB it remains SB & nothing can unbar it. ;)

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Guest Mrs Hobbit

So you can acknowledge the debt owed, but they can't take you to court to recover it.

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So you can acknowledge the debt owed, but they can't take you to court to recover it.

 

I still wouldn't acknowledge any debt.

 

To help clear up any confusion, if your debt is 5 years 364 days old and you make a payment (1 day short of Statute Barred) the clock resets to zero.

 

If your debt is 6 years and 1 day and you make a payment (by accident or ignorance) the clock cannot reset although I do think you need to make them aware of the fact it is SB


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Yes, morally the debt still exists but legally there's absolutely nothing they can do to enforce it. You could bare your derrière in Harrods window wearing a placard stating that you had borrowed the money & they still couldn't take enforcement.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Just to update this case.

 

I have contacted the telcom provider and they say that the debt is cleared as it is over 6 years old and my last payment to them was over 6 years ago.

 

Im pretty sure that I have made no other payments to any other debt collection agents since then but the telcom provider did confirm that HFO Capitol ltd now has the account.

 

Would you suggest sending a SB letter to them?

 

thanks

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Send the SB letter to whoever contacts you demanding payment. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Would you suggest sending a SB letter to them?

 

thanks

 

Is the Pope Catholic :D:D


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Five years in Scotland :)

 

rs

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