Author Topic: Statute Barred Credit Card Debt - need some help please!  (Read 59478 times)

Darcy707

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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?
www.Nevilleco.co.uk 01752 786800

justindrew

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Re: Statute Barred Credit Card Debt - need some help please!
« Reply #2 on: Oct 17, 2019, 10:20:01 AM »
Any consumer debt, consistent with the principles set out by the Limitation Act 1980 and regulated by the money Conduct Authority, offers the creditor a group quantity of your time to form an attempt to recover what they're owed. The law doesn’t think it’s honest for creditors to take excessive amounts of your time to try to to this.