Statute barred

[Austerity]

Hi, I am new to this forum and in need of some advice please.

I have been in dispute with Argos regarding a store card I had with them which went into default. They were getting paid via a DMC £1 per month whilst they chased charges and PPI, but when I ditched the DMC the payments stopped, the last payment was made in January 2009, since then I have been pursuing them for PPI, which they state is not being returned.
The debt has been sold on to Lowell who are now perusing me for a repayment option. Have I blown my chances of having this statute barred by being in conversation with them?
What options do I have regarding the PPI?
Any help would be appreciated.

[FlamingParrot]

Re: Statute barred

Hi, I am new to this forum and in need of some advice please.

Hi and welcome aboard.

I have been in dispute with Argos regarding a store card I had with them which went into default. They were getting paid via a DMC £1 per month whilst they chased charges and PPI, but when I ditched the DMC the payments stopped, the last payment was made in January 2009, since then I have been pursuing them for PPI, which they state is not being returned.
The debt has been sold on to Lowell who are now perusing me for a repayment option. Have I blown my chances of having this statute barred by being in conversation with them?

No, not at all. That's a common misconception, that any contact with a creditor resets the clock, but it's not so. First of all, once a debt is SBd it cannot be 'un-barred' in any way, not even by making a payment. During the six year period, there has to be a payment made by you or someone acting for you (such as a DMP manager) or written acknowledgment from yourself, something like an offer of repayment or a full and final settlement would be acknowledgment.

What options do I have regarding the PPI?
Any help would be appreciated.

If you successfully reclaim PPI on a defaulted account, any redress will usually be offset from the balance and will reduce the debt, SBd or not. However, there have been cases where the debt has been sold (as in your case), where the PPI has been paid directly to the debtor. There are no hard and fast rules though.

[Austerity]

Re: Statute barred

Hi,
thanks for the clarification, I thought as much regarding the Statute barring, but was not 100% sure. Lowell have very kindly sent me out all the statements from Argos clearly outlining all my payments, so there is no doubts When the last payment was made, I was not sure. What should I do next ?

[FlamingParrot]

Re: Statute barred

Hi,
thanks for the clarification, I thought as much regarding the Statute barring, but was not 100% sure. Lowell have very kindly sent me out all the statements from Argos clearly outlining all my payments, so there is no doubts When the last payment was made, I was not sure. What should I do next ?

Send them the statute barred letter:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[Austerity]

Re: Statute barred

Thanks again