intrum Justitia - 6 weeks till debt statute barred

[welly_59]

Seeing as I’ve had some success with agencies lately, it seems I’ve been nominated as the family help.

 

So here goes. My brother in law has a default for an overdraft, default date 6th November 2012, value £3k.

 

This week he has received a letter from intrum justitia offering to settle it for 50% off or to arrange a payment plan.

 

As it’s so close to the statute barred timescale he’s asking for advice on how to proceed as obviously he doesn’t want this to turn into a ccj

[dx100uk]

Defaulted date is not the sb date

[welly_59]

Defaulted date is not the sb date

 

Of course, he insists that he hasn’t communicated or acknowledged this debt since it defaulted, but he does still use another account with the same bank as his daily current account

[dx100uk]

ring the bank and ask last payment or use by him.

[welly_59]

I’ll ask him to do that tomorrow, presuming they still have records of this account as I doubt he’s kept details of a closed account for nearly 6 years.

 

What I guess you are trying to get at is that the statute barred date would be earlier than the default date, depending on last use of that account?

[dx100uk]

HIS last usage in/out.

 

they must hold data for ATLEAST 6yrs under various acts

[renegadeimp]

I'd totally ignore it. They still have to send a pap letter giving min 30 days notice of intended action> Right now you just got a begging letter.

 

You can check when the last date of payment was, but i certainly wouldnt send anything to the silly DCA.

[dx100uk]

Depends if the owner has moved since last updating the oc/owner now of their correct/current address

[welly_59]

address is up to date and always has been . He hasnt moved in 10 years

[dx100uk]

brill.

ok well if its sb'd you can kill all comms by sending our sb letter.

 

Whos the bank?

 

Thread title updated

[welly_59]

So, he's called the bank in question this morning - Halifax - and all they could tell him is that this is an account which was closed on 1st November 2012. They said he would have to go into branch with ID to get further information, as the call centre can only see the date it was closed.

 

Whats the next step?

[lookinforinfo]

I'm not sure that the info from Halifax is correct but if it is difficult to get to your old branch, you could phone and ask for your last statements to be sent out to you. That would cost a few pounds per statement.

Also I don't know if Credit Ref Agencies would have details on that account .

[dx100uk]

send an sar they are free

let IJ run for now

[welly_59]

hes managed to get into branch today and get copy statements. Timeline is as below:

 

last usage by himself:

deposit - 2nd July 2012

Failed D/D - 8th August 2012

 

Account went over the overdraft limit on 2nd July 2012, and stayed that way until closed by collections on 1st November. Looking at the fees charged in Septembers statement for unauthorised overdraft it would seem that the authorised overdraft facility was withdrawn during August 2012

 

Does that make the statute barred date any clearer?

[dx100uk]

yes its statute barred

send then our SB letter from the debt collection section of our library

nothing unusual for IJ, they never chase enforceable debts anyway

[welly_59]

is it worht sending the SB letter now, or maybe wait until the send a PAP letter? if they even bother to do that

[dx100uk]

Kill it now

[welly_59]

an overdue update on this. The time of reckoning came and went without any further contact. We are now way past the dates in question so all is fine