When to send Statue Barred letter Scotland

[lucille84]

Thanks sequenci. Maroondevo52 - i sent this letter before and as a result (plus a call where i did not acknowledge the debt existed) they have now sent me the copy of the original contract and the statement showing my last payment to them was on 09/02/2007. I can not recall any payments directly to them but may have just forgot, the statement has nothing to identify exactly who i paid. Could it be that because i have paid them in the past, this counts as me having recognised the debt and they can claim the funds back, even if the last payment was on 09/02/2007? Or will it still be extinguised because it has been over 5 years since i akcnowlegded the debt at all? Really getting worried that there might be a way round it for them to pursue this!

[maroondevo52]

Hi,

 

I'd sent the letter in my post above, if the date of the last payment is correct this debt no longer exists.

 

In the letter you've asked for written confirmation they will no longer persue you.

 

I'd send it and see what they come back with.

[blueda]

Hi lucille, As well as being statute barred if there is no proof of agreement then there has never been an enforcable debt.

[lucille84]

Hi All,

So it has been a long time since my last post about this but this has now resurfaced. To summarise - I sent the letters as advised earlier in the thread and received one back (in April 2012) stating the last payment was in Feb 2007 (almost 7 years ago). After this time I moved home and did not send them any further correspondence. I am now married and at a new address and recently received 3 letters from DCA Robinson way, all about debts with Egg. I have held off doing anything until now, when they have sent me 1 letter advising of a home visit (can they do this in Scotland). I am keen to have this closed off once and for all, what should I do? Do I need to start all over again by sending this DCA one of the letters I sent previously? I would like to have this closed off for good but it seems they will just keep passing from one DCA to another! Help!!

[blueda]

I have never had a home visit and dont know anyone who has from a DCA, it is a threatogram, Go to the CAG templates Library and copy the Statute barred Letter and send it to them 1st class recorded delivery, In Scotland after 5 years since last payment the Debt no longer exists. Keep us informed to their reaction.

[IdaInFife]

as above ^^^

[lucille84]

Update:

Letters sent (recorded delivery) for all 3 accounts in Dec, the following response was received mid January but only for 2 accounts (lets call them A and B):

We write to confirm that we have noted the dispute/query that you have raised. We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity for this account. Please let us know if we can assist further.

Today i have received another 2 letters but for accounts A and C dated 22nd Feb saying:

Please note we have not yet received a response from the original creditor. This note is to let you know that we are continuing to seek an update, we will let you know the response as soon as we hear; your account remains on a temporary delay. Thank you for your patience.

So, a few questions from this:

• Should i contact them to ask whether they receieved the original SB letter i sent in Dec for account C as i never received any acknowledgement at all, or is it enough that i have the receipt for recorded delivery?
  
• Should they be sending me any letters like those i received today; does the SB letter not advise them that they should not contact me?
  
• Can they continue to send letters like those received today indeifinitely or is there a point where i can move to another stage to stop them?
  

Thanks!

[BRIGADIER2JCS]

1. Resend the SB letters with a covering statement e.g. Take note the alleged debt is Statute Barred and Extinguished. No payment will be made now or in the future.

 

 

This is my final response.

[lucille84]

UPDATE:Received 3 letters last week to tell me that they were writing off the debts and closing the cases! Thanks for all of your help!

[citizenB]

UPDATE:Received 3 letters last week to tell me that they were writing off the debts and closing the cases! Thanks for all of your help!

 

Excellent news

 

Do keep those letters safe

 

I have just noticed just how long they have taken to confirm this. Disgraceful.

[lucille84]

Thanks @citizenB. Is there any possibility they could reverse the decision.Yeah, its been a long process, just under 4 years! They were probably desperately trying to find a way to enforce the payments from me!

[citizenB]

Thanks @citizenB. Is there any possibility they could reverse the decision.Yeah, its been a long process, just under 4 years! They were probably desperately trying to find a way to enforce the payments from me!

 

Nope, but there have been "administrative" cock ups where these accounts are not properly taken out of circulation and get sent on to another DCA !! So having those decisions in writing to copy and send back is all you will ever need. It is a case of probably never ever needing them, but if you should then you save yourself a shed load of harassment and stress.

[lucille84]

Thanks again @citizenB , this is good to know!

[citizenB]