Statute Barred query

[mark13]

Hi,

 

Just looking for some confirmation on rules regarding acknowledging debt with reference to it becoming statute barred.

 

Keeping it brief,

account has received no payment for over 6 years & certainly has had no WRITTEN acknowledgement in that time.

 

During a recent conversation with Cabot they claimed I had made a verbal agreement to pay around 5 years ago

& invited me to make them an offer for full & final(politely declined !!)

stating that they would not allow the account to reach the point where they couldn't collect.

 

Whilst I'm not certain I did ever make a verbal agreement its not impossible but I always understood that the 6 year clock could only be reset by either a payment or written acknowledgement, can anyone confirm this is the case or what evidence of a verbal agreement would be required.

 

Thanks in advance.

[Crocdoc]

Your correct, Send them the SB letter from the site. They know this that is why they asked you for an offer.

[cerberusalert]

Don't speak to the cretins on the 'phone, everything must be in writing as they would not dare commit to paper what they'll say on the telephone.

[rebel11]

Further advice:- 7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

[spidey41]

i had a call from these on wednesday , i dont know how they even got my number as its ex directory , anyhow i did decide to talk to them as i know the debt is statute barred , it took an 8 minute call for them to confirm that the debt was statute barred and the account would be marked as so , then today another call requesting payment , i told the guy on the phone to check the account it is statute barred , he obviously did not even look just stated okay ill remove your number from our dialing system , i expect ill get another call tomorrow though ,

[mark13]

Thanks for the replies.

 

Similar to spidey, only took the call as I knew/thought it was statute barred & a part of me quite enjoys hearing the disappointment in their voice when they finally twig that their empty threats aren't going to send me running for my wallet. Just rattled me slightly when without prompting they mentioned a supposed verbal agreement and the vague 'we won't let it get to the point where we can't collect' statement.

 

Got a statute barred letter ready to go but I'd rather humour them to the point where they accept they can't provide a copy of the credit agreement(been promising it for over 2 years!!) and 'take a commercial view' and simply write it off and close the account.

[spidey41]

send it by email its quicker and they cant deny recieving it

[Halibutt]

Mark - if you're sure it's statute barred, then I wouldn't waste my time. Send them the SB letter in the templates library and if you want, you're also perfectly entitled to request that they send back your £1 fee paid for non-compliance with your perfectly legal CCA request.

 

I wouldn't bother chatting with them on the phone, you're just wasting your time!

 

H. x

[mark13]

Thanks again for all the replies, just to update it seems the call was one last desperate fishing trip. The phone call came 1 day before their records showed it became statute barred, I'm certain they are a couple of months out, at least, but no point wasting time on that. They have filed it away safely in their 'not a chance in hell' pile now.

[spidey41]

exactly the same thing here , now filed under sb