Scottish Power problems after 6 years

[dx100uk]

if you get a notice of assignment from a DCA comeback here.

you've not moved since sending the SB letter have you?

 

dx

 

[eastender100]

No haven't moved still at same address 

[dx100uk]

ok

[eastender100]

Do dept collection agency buy SB depts? Can they put it on your credit file? Sorry for so many questions 

[dx100uk]

yes.

not once its fallen off because its over 6yrs old.

 

dx

[eastender100]

Well its more than 6 years since I made a payment to them, but not 6 years of contact with them? Do that make a difference? 

[dx100uk]

if we hark back to the SB letter you sent it referred to conc i believe:

 

Under Conc 7.15.4 

 

Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.

 

Even under Conc 7.15. 5 

if they have regularly been in touch they can continue to pursue...defining regularly may be open to interpretation.

 

If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt.

[eastender100]

So can they still take me to court? Or just attempt to recover it? 

[dx100uk]

i will assume by 'they' you mean a dca/debt buyer should SP sell it on?

 

SP most certainly can't as explained already.

 

however, and it is a very remote possibility, but if SP sell the debt on and you get a notice of assignment from the debt buyer/dca that they have purchased the debt, i would not 100% bank on SP actually telling the DCA it's SB'd, it sort of gives the game away and the dca won't pay them to buy the debt or buy it at all as it's actually thus worthless to them.

 

so just be wary that if you do get an NOA you need to repeat the SB letter but this time to the DCA/debt buyer, just to cover your backside.

 

 

[eastender100]

OK great thank you so much for your help, I just needed a bit more clarity as lost other half  parents to covid this year so don't want more stress