Desperate for advice on how to respond to an old debt that I think is statute barred??please help!!

[emmalouisa]

Hi All, new to this so please excuse any mistakes or if im not in the right place!

 

Here is my problem,

 

I defaulted on an old loan which im sure it was over 6 years ago when last payment was made, I believe this makes the debt statue barred?

 

Ive received a letter from a company called Clarity Credit Managment saying they are acting on behalf of Arrow Global who's clinet is HSBC (the original loan was thru HSBC)

at the time when I defaulted things where really bad in my life, homeless blah blah, no excuse I know, but still.

 

I dont know how they have found me in my current address

but I'm really worried as they are threatening to send baliffs to recover the debt,

its a little over £7k (the orginal loan wasnt for this much im sure but im assuming this is costs ect?)

I have two babies at home so Im terrified to be honest

 

Ive checked my credit report & no mentioned of it on there,

please help,

 

do I just send the satute barred letter or is it best to go down the route of denying knowledge & asking for proof??

 

Hope someone can help & sorry if post too long or in wrong place!!

 

Thanks in advance.

[unclebulgaria67]

If it is not on the credit report, this may be a sign it is statute barred, so the last payment was over 6 years ago. You should also check for any CCJ. http://www.trustonline.org.uk/

 

You could send them the statute barred letter by recorded delivery and see how they respond. That is how I would proceed.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

Don't worry about any threats contained in the letter. They are all hollow, designed to get you worried. If the debt is statute barred, then once they have received the letter, they should leave you alone.

 

Post back if there is a CCJ or when you hear back.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

A couple of points to aleviate worries before I try to help, Clarity cannot start court claims if Arrow own the debt, they has to be a court claim, which you lose and fail to pay as ordered by a court before any party can consider ''sending bailiffs''.

 

Arrow Global it seems have a very large portfolio of SB debts they are farming out to various DCAs.

 

I it almost an absolute certainty the debt is statute barred I am dreafting a lettter for you to sen to Clarity which DOES NOT restart the six year clock.

It goes to The Compliance Manager at Clarity.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I refer to your letter dated xx xx xxxx in which you allege that I owe a debt to Arrow Global which they have aquired from HSBC, please take note I do not acknowledge any debt to Clarity Credit Management or you alleged ''client'' Arrow Global.

 

Haveing taken advice on this matter and having also researched my credit history I now formally state that any such allged debt is statute barred, I will not therefore make any payment or offer of payment now or in the future regarding this alleged debt.

 

I now require you to return this matter to your ''client'' and to cease processing and soring all data relating to me.

 

I am fully aware of the Limitations Act 1980 and the OFT Guidance 2003/2011 and in particular the sections regarding the pursuit of statute barred debt.

I will also remind of the OFT Guidance on threatening court action when no such action can be taken.

 

I now consider this matter closed and have forwarded a copy of this letter to the Compliance Manager of Arrow Global.

 

Get this sent recorded delivery to both companies

[dx100uk]

phishing trip!

 

dx

[sillygirl1]

Dont forget the vital phrase after the Dear Sir bit

 

I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT TO YOU, YOUR CLIENTS, ASSOCIATES AND AFFILIATES

 

Otherwise they may take it as 'admission you know about the statute barred limitations and are using it to avoid your moral/legal responsibilities." Which is DCA talk for 'you may think you know your rights but we think otherwise'.

[cerberusalert]

Dont forget the vital phrase after the Dear Sir bit

 

I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT TO YOU, YOUR CLIENTS, ASSOCIATES AND AFFILIATES

 

Otherwise they may take it as 'admission you know about the statute barred limitations and are using it to avoid your moral/legal responsibilities." Which is DCA talk for 'you may think you know your rights but we think otherwise'.

 

 

It doesn't matter, once a debt becomes SB it remains SB. You could bare your derrière in Harrods window with the admission of the debt tattooed on it & it still wouldn't make any difference..... other than getting arrested for indecent exposure.

 

Morally the debt may still exist, but as we know there are no morals in either the finance or the debt collection industries.

[BRIGADIER2JCS]

:jaw:

It doesn't matter, once a debt becomes SB it remains SB. You could bare your derrière in Harrods window with the admission of the debt tattooed on it & it still wouldn't make any difference..... other than getting arrested for indecent exposure.

 

Morally the debt may still exist, but as we know there are no morals in either the finance or the debt collection industries.

 

What a wonderful picture this conjures

[cerberusalert]

Maybe CAG should start a line in novelty Gnomes?

 

[BRIGADIER2JCS]

:faint:Lurvly

[redbat]

The only issues I can see are 1) There is a CCJ in which case it will never be SB although they might have trouble asking a judge to enforce it after so long

2) There is some payment on the account in the last 6 years in which case you just need to ask them to prove where the payment came from

[BRIGADIER2JCS]

Starting or restarting a claim after 6 years is virtually impossible and would in the last instance require a court hearing.

[emmalouisa]

Thank you so much for your help, there is no CCJ, im going to send the letter & see what happens, will keep posted on the out come & thanks so much again for the support!!!