Statute Barred Debt - Response Time

[Skelly1983]

I have sent a statute barred debt template email, which stated "f you have evidence that this debt isn’t statute barred, please send it to me within 21 days.Otherwise, please confirm in writing that youwon’t pursue me further for this debt.".

The company replied back saying that this may take 30 days, and if this is longer they will notify me of the delay.

My question is to ask if there is any legal time period for response in getting evidence to my statute barred email?

Thanks in advance.

[Amethyst]

No there isn't. Once you have informed them the debt is statute barred, the onus of proof is on them to evidence that it isn't. They should cease chasing you for the debt until such time as they can evidence otherwise, or confirm to you that the debt is indeed statute barred and they will close their file.

Can you tell us a bit more about the background to the debt or is there another thread that gives that on here already?

[Skelly1983]

Thanks for your response, you have confirmed my suspicions.

The company has stated that they have put the account on hold until they have looked into this.

Original company was a payday lender called CFO Lending, and then passed on to Motormile Financial (MMF) who changed there name to Lantern, both of which are well known for not following the law.

The payday lender placed on charges for a late payment which totalled £650 for a £125 loan.

Last time I had emailed them in 2012 I had informed them that I do not recognise this debt as I did not have any debts of that amount, and they informed me of all the charges which was £25 per day. I then sent them a copy of the Consumer Credit Act 1974, highlighting 11 sections that they was in breach of, after sending this email they did not get back in touch for 6 years.

[Amethyst]

https://www.fca.org.uk/news/press-re...illion-redress ( presumably you have seen that before )
Had you actually paid anything towards the debt at all before defaulting ?
Has this fallen off your credit file already ?

Sounds like all you need do now is wait and see what Lantern respond with. Have they threatened court action at all prior to your informing them of the stat barred nature of the debt ?

[Skelly1983]

Yes I had seen that before thanks, I hadn't actually made a payment to them as by the time I went time pay the loan a few weeks after it was due it had already increased by over £250 due to daily charges.

This is no longer on my credit file.

[Amethyst]

Cool, that should be the end of it, but let us know if, when, they respond to your letter or if they just start bugging you again.

[Skelly1983]

Its been 28 days still no response, also they have sent 3 automated emails asking me to make a payment, to which I informed them the following:

"On the 6.10.18 at 2124 I received an email to make a payment on this statute barred debt to which I do not acknowledge, asking me to call and make a payment. If I receive any other email like this in regards to this said debt of which is statute barred I will take legal action against your company."

The 3rd email came through today, and wanted to ask advice on how to proceed with this?

[Amethyst]

Ooo what legal action are you going to take ?

No really you need to write to them a little more formally informing them that the debt is statute barred and to stop bugging you. I'll grab an example for you

[Amethyst]

SO on paper, stamp, envelope etc, sent recorded delivery and keep a copy of the posting receipt

then block their emails and ignore anything further by email.

For your ref CONC 7.15 is this https://www.handbook.fca.org.uk/handbook/CONC/7/?view=chapter"]https://www.handbook.fca.org.uk/hand.../?view=chapter

sec 40 Admin Act is this https://www.legislation.gov.uk/ukpga/1970/31/section/40

Your name
your address
your address

DATE 2018


their address
their address


Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''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.'' It is also considered an unfair practice if the creditor or owner of such a debt continue to press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to s.40(1) of the Administration of Justice Act 1970.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

Please be aware that I will not communicate with you by telephone or by email and I request that those details are removed from your systems.

I look forward to your early reply.



Yours faithfully

[Skelly1983]

Thanks a lot will get this sent off.