Author Topic: Statute Barred Credit Card Debt - need some help please!  (Read 59341 times)


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Statute Barred Credit Card Debt - need some help please!
« on: Mar 08, 2018, 05:12:25 PM »
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:
It refers to a disputed credit card debt that was defaulted back in January 2012 (over 6 years ago).  In September 2014 the debt was sold on to a debt collection company.  I wrote to the debt collection company back then which included the following paragraph:
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 basically 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 basically 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.  As I have already mentioned I have never acknowledged or made any payment to this debt within the last 6 years.
Thank you

Lisa Thomas

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Re: Statute Barred Credit Card Debt - need some help please!
« Reply #1 on: Mar 09, 2018, 09:24:42 AM »
My lay understanding of a debt being statute barred after 6 years is if the creditor does not pursue the debt for 6 years it becomes statute barred.

IN this case it sounds as if the new assigned creditor wrote to you in 2014 (and more recently) demanding payment so the 6 years starts again.

You should really seek legal advice.

Do you dispute the debt they are pursuing? 01752 786800