Robinson Way OH's old barclaycard debt - Statute Barred??

[joesoap]

Mrs Soap had an old debt with Barclaycard and due to her illness it wasn't paid off.

She has been pestered by Robinson Way off and on but again, because of illness letters were ignored.

 

I managed to dig out the paper work and according to my records, nothing had been paid for over six years. 

I wrote to Robinson Way on 4th April and quoted the relevant regulations.

 

She has received a reply from Robinson Way and it states,

"We can confirm that your account is not statute barred as the last payment received on this account was for £5 on the 22nd of February 2013".

According to my maths this time lapse is over 6 years

 

before I write back to RW I'm wondering if I'm missing something or is RW trying it on; any comments will be greatly appreciated.

 

Joe Soap

[comebackjimmy]

Hi

 

Some guys with more knowledge than me will likely be along to help out.

 

In the meantime did you receive a Default notice and if so do you have it and if so what is the date on it?

 

It is reported elsewhere on this site that after a recent Appeal ruling that the date from which the Statute Bar calculation runs is not the date of the last payment but the date of the Default Notice.

 

If your last payment was made BEFORE they sent you the default notice then the SB date is six years after the Default notice date (or five years if in Scotland).   As default notices might be sent several months after you default it could be that the account is not yet stat-barred.

 

However, if you paid anything after the default notice then by their admission the last payment was 22nd February 2013 which was six years and sixty-eight days ago.  If the law says that the SB period runs from the Default Notice date then that was before 22nd February 2013 though you might have said to have acknowledged the date with the 22nd February 2013 payment.   Either way, it is stat-barred in this circumstance.

 

If you do not have a copy of the default notice I would do a SAR request to Barclaycard asking for your data.  When it arrives see what they say about when the Default Notice was issued.  With that date and the date of the last payment, you will then know where you stand.

 

I would not myself communicate further with Robinson Way on this or any other matter until you are in possession of the facts.  After all the longer you leave it the more likely it is that you will go beyond the SB date even if the default was issued after your last payment.

 

Hopefully, some others will come on and confirm my post or add useful material.

 

 

[dx100uk]

moved to BC forum.

 

I wouldn't bother replying to them.

they have her address now

let them issue a PAP letter if they are so sure!!

 

dx

 

[joesoap]

Thank you for the replies.

[shamrocker]

It's good that they have given you a firm date to work from (not that it's necessarily correct - so do your own homework too),

 

but if you can also confirm the default date,

you then will know that six years after that date,

the matter will be completely dead and buried

- as they may argue that the default date is when the SB clock started ticking.

 

As things stand,

by the time they get around to issuing a PAP letter,

and the time it will take for you to reply and them to respond etc.,

it'll likely kill another couple of months.

 

Just strengthens your position every month that passes.

[joesoap]

Took no action as suggested and true to form, another letter from RW stating the debt is not statute barred; guess I'll let this one ride too.