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Darcy727

1st credit re HBOS Card debt - Statute barred? - need help please.

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Hello, I am new to this site and need help on the following

– I know it is not legal advice just educated opinions, but any help would be great.

 

This refers to a disputed credit card debt (Halifax/BOS) that was defaulted back in January 2012 (over 6 years ago).

 

In September 2014 the debt was sold on to a debt collection company (1st Credit).

 

I wrote to the debt collection company back then with the following statement:

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

I have continuously asked for proof of debt between then and now.

They have sent me information, but has does not included all of the information I have asked for.

 

They wrote back in February 2018, after the 6 year statute barred period and have stated that they consider the statute barred period has not ended because of what I wrote to them (in 2014) (in italics above) is acknowledgement of debt.They have said that they have provided the ‘evidence’ and that I had said that if they had done that I would pay.

 

This is not what I wrote means, and I think they are trying to mislead me.

I meant that if they provide sufficient evidence

– but what they have provided is insufficient in my view and this has never be put before a judge to decide.

 

Are they right or is this now statute barred?

 

I know you don’t have the complete information from the last 6 years, but some opinions would be greatly appreciated.

 

s I have already mentioned I have never acknowledged or made any payment to this debt within the last 6 years.

Thank you

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My view is that you are right and they are wrong. It is a try-on.

 

I suggest that you write to them and point out that the rules in CONC require that as they have now been informed that the debt is statute barred that they desist any further attempt to harass you in respect of this matter and that if they want to they should take you to court and you will be pleased to put the letter you wrote in front of the judge for a final decision. However you will be defending any action on the basis that alleged there is statute barred.

 

You can tell them also that you wrote your letter in 2014 as a sign of good faith and goodwill and that you are very sorry that they have decided to abuse this. You expect that the judge will take the same view.

 

In future, don't write to these people. You can see that it only causes complications.


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Thank you bankfodder for that information - really useful!

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moved to hbos forum.

 

as above

we've never seen a court claim issued just because a fleecing DCA/creditor thinks you writing to them ack's the debt and that is the only reason for it not being SB'd.


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Again thank you - really helpful and reassuring

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Hello,

Just need some opinions about the 1st credit issue that I posted.

It’s a bit subtle, but here goes.

 

So, if I need to defend this as statute barred and then they show the judge their 'evidence', is the 'evidence' irrelevant at that point, as I have not said it is sufficient, nor have I verified the claim Hope that makes sense. Many thanks:|

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stop worrying

its for the claimant to prove its not SB not YOU to prove it IS.

 

dx


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You're right dx100uk, too much worrying on my part. I just don't trust these weasels.

 

Thank you

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if I were to be honest here i'd say this is sadly mostly of your own making.

unless you get a letter of claim or a letter before action that says we WILL do court

you should never ever reply to a DCA or their fake/tame solicitors.

 

a dca or their fake/tame solicitors ARE NOT BAILIFFS

and have

ZERO LEGAL POWERS

 

what they solely possess IF they OWN the debt [they'd have sent a notice of assignment if they do]

is the same rights as you do IF someone owes you money

that's issue a court claim.


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Hi dx100uk

Sure I understand that. I was under the impression that you should never ignore the letters, so that's interesting to know. I'll now leave it to them to take court action and then follow the SB line.

 

Thank you again

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but come here first before you do that IF a court claim is initiated


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Certainly will dx100uk. As I've said, I am new to this site and am very impressed with the help I've had. Thank you again. I'll keep in touch either way.

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