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funguy
29-07-2012 03:52 PM

Joined: 29 Jul 2012
Posts: 5
I have a couple of old debts that I am pretty sure are now classed as statute barred but I have received a couple of letters from DCA's recently asking for payment so I am trying to confirm a few details before I progress any further.

After reading many various documents on the web referring to statute barred, it always seems to mention not being contacted by your creditors for a period of 6 years or over. In my case I cannot even remember who the original creditors were and I have certainly had no contact with any for at least 6 years. Sounds a bit of a silly question perhaps, but I have been contacted (but not contacted them) by various DCA's over the years but I assume they are not considered to be actual creditors?? I am trying to ascertain that for statute barred purposes I must not have had contact (or have contacted) my ORIGINAL creditors within this 6 year period?? I have contacted no one, including any DCA's or paid anything.

I have also checked my credit file with the 3 main agencies and there have been no CCJ's in the past 6 years which might also indicate that these debts are now statute barred?

Should I send the DCA's concerned letters suggesting that these debts are now statute barred??

I would appreciate any help please.



DW George 30-07-2012 01:14 PM

Joined: 01 May 2007
Posts: 1113
My Profile
It doesn't matter how long ago a creditor contacted you. Statute barred debt relates to the legal acknowledgement of the debt. A creditor can call you as often as they like but the only way they can stop the clock, is to take you to court and obtain a decree (Scotland) or a CCJ (England and Wales). In respect of yourself you could acknowledge the debt via correspondence or start paying.

For more information


http://www.debtwatchdog.com/time-barred-debts-in-scotland-Article-216.html



http://www.debtwatchdog.com/statute-barred-debt-england-and-wales-Article-215.html




funguy
30-07-2012 04:04 PM

Joined: 29 Jul 2012
Posts: 5
Many thanks for your reply. I will send the DCA's concerned statute barred letters and await their replies.



diddypud
06-08-2012 10:12 PM

Joined: 06 Aug 2012
Posts: 4
no , see your local law centre or c. a b debt is now well over limatations act , dont worry ,theres a template on the national debtline if you want to use it its free , i would not bother myself , so peeps buy other peeps debts , dont sigh anything ,as for dca just politely say bugger off dont recognise the debt its statue barred ,failing that ask them to take you to court ha ha i did judge fired it straight out the window his words STATUE BARED



morgana
08-08-2012 09:49 PM

Joined: 08 Aug 2012
Posts: 1
Hiya, I took out a mobile phone contract 09/11/2005 at a previous address, so it states on a letter i received today from a DCA, this DCA state that the mobile phone company sold them the debt on 12/09/08. I have not received any correspondence at all from the mobile phone company until this letter turned up today. Do i still have to pay the Debt? Any advise will be appreciated, thanks



spiritualone 08-08-2012 10:39 PM

Joined: 10 Aug 2010
Posts: 447
My Profile
@MORGANNA ley fay? :)

mmmmm depends you say you took out a contract then etc, how long did u keep it and when did you officially bump it? are you in scotland or england?

:)



funguy
16-08-2012 03:42 PM

Joined: 29 Jul 2012
Posts: 5
Further to my original posting on 29/7 I have received a letter back from Aktiv Kapital in reply to my stating the debt to be statute barred. They say that although the debt they are after was defaulted on 10/3/04 they claim that I made a payment on 14/3/07 after which having gone through my bank account can find no record of whatsoever and have contacted no-one regarding it. They have enclosed so-called "proof" from their records which quite honestly doesn't prove anything, it is a bit of computer printed paper saying what I was supposed to have paid. I know full well that I have paid nothing towards this debt since it defaulted in March 2004 so what should I do??



DW George 16-08-2012 04:33 PM

Joined: 01 May 2007
Posts: 1113
My Profile
It sounds to me that they are just at it. I would just ignore the letter, if you're confident that you did not make any payments.



funguy
16-08-2012 04:54 PM

Joined: 29 Jul 2012
Posts: 5
But what should I do if they send more letters or CCJ's etc, which I am sure they will??!



DW George 16-08-2012 05:33 PM

Joined: 01 May 2007
Posts: 1113
My Profile
They cannot obtain a CCJ unless they take you to court. If you contest the creditor's proposed action then they'll have to prove that you did indeed acknowledge the debt on the 14/3/07. Your bank will have details of any payments made in that time which is your proof that the creditors claimed payment was not made by you. Write back to them stating that you did not make any payments on that date towards the debt and that you now consider the matter closed.

BTW how much are they claiming you owe?





funguy
16-08-2012 05:42 PM

Joined: 29 Jul 2012
Posts: 5
Thanks again for this, they are claiming 4,537.28.

I have checked my archived bank statements and also my credit report is totally clear with no defaults or CCJ's showing at all.





S100
16-01-2013 11:36 AM

Joined: 16 Jan 2013
Posts: 1
I have just received a letter from Aktiv Kapital saying i owe about 4500 from Halifax, this debt is about 10 years old (credit card 2500), i did acknowledge the debt through an IVA letter in 2004 but i didnt keep to it and i havent paid anything since about 2005.....what should i do send the SB letter???






 



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