Statute barred

[Bomber99]

Hi all hope you all had a great Christmas in these uncertain times.
just a quick question.
I have a debt that will be statute barred on the 19/01/2023 and I am expecting the debt company to send a letter before action before this date. If they do, which would then give me thirty days to respond, would this debt still be deemed to be statute barred
many thanks for your time and thoughts
bomber99

[R0b]

If they do not issue on or before 19/01 then it will be statute barred after that date.

Assuming that they comply with the pre-action protocols for debt claims, then you could string it out by saying you need further time of 30 days to seek advice on the matter before you respond and take it over the line meaning you would have a defence but that is counting on you being certain it is barred by that date.

They could also issue a claim without complying with the usual time limits because of the limitation period and that is ok in principle from a procedural point.

[Bomber99]

Hi rob thank you for your response.

so am I right in thinking, if they send a pre action letter out, they would not have to wait for my response before going to court. Ie if for instance they have sent the letter on 24/12/2022 they could take it to court knowing the 30 days allowed for a response would take it to a statute barred case. Therefore not giving me that chance of a defence. If that makes sense.

[R0b]

Yes, there is authority by the courts that if the limitation period to bring a claim is about to expire, then in that exceptional case the claimant may forgo the pre-action obligations. It's not automatic but there has to be good reasons, so someone who has sat on a dispute but not bothered to do anything about it, can't expect much sympathy from the court.

In reality, most of these shady debt purchasing companies rarely comply with the pre-action protocols and there is really no force in them unless defendants make an application to the court to dismiss/stay proceedings pending compliance with the protocols - that pretty much never happens.

Having said that, some of these companies don't have enough brain cells to work that out and so they might even agree to your delay anyway, not knowing the limitation period is up. If you do receive a letter before action, would be best to put in writing you do not believe you are liable for the deb but need further time to seek advice on your position and next steps, then propose to respond within 30 days.

[Bomber99]

Thanks Rob
I have been asking since 2017 for the agreement but as yet the present owner of the debt are unable to supply it.
I also done a SAR to Barclays who could not produce an agreement. Barclays brought this debt when they took it over from Goldfish. Barclays then sold it on to the present debt company in, 2010
Would it be in my interest to do a SAR with the present owner to see if they got a reply from Barclays regarding the agreement, just for future reference. Or would you suggest sitting tight and see what happens.
Many thanks

[Bomber99]

Hi Rob

back in 2019 I was in dispute with link regarding the date that they put a default on the account. I won and the default was changed from 2017 back to 2009 when the original owner of the debt defaulted it.

Most of the conversations regarding this matter was done over the phone but I had to provide evidence from the original owner when the defaulted the account.

what I am worried about now is that because I challenged the default date with link this has reset the clock ticking for the debt being statute barred.

I look forward to your view on this

bomber99