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I emailed saying the debt is statute barred, they've emailed me back asking for my home phone number DOB address (even though they have it)
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If the debt truly is statute barred you do not have to give them any information what so ever as they're not going to be needing it.
How do you know it's statute barred?COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
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Personally, I wouldn't have emailed them ... I'm sure others would agree. As Jags says, you do not have to provide them with any info at this time.Debt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
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Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
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I wouldn't have either, but can't change what is done.Originally posted by Kati View Post
As long as it's certain that it's stat barred it can be ignored. It's best to know for sure it is though, so how you know it is would be useful to know?COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Hi I am pretty convinced it is statute barred as I have been through all my bank statements for the past 6 years and there is absolutely nothing on them for the company they say I owe money to. I did have an account but that must be about 7 or so years ago, they say I owe £160. I replied by email to tell them this and now they say that before they can proceed I have to confirm address dob etc. Feel somewhat stupid for having emailed a reply but am happy to ignore their reply if that's the general consensus. Thanks!Comment
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in writing from now on no e-mails, and letters sent Recorded Delivery and keep copy of receipt to your file copy, if you have further threats etc from them only
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is it showing on your credit file??Originally posted by chrisjones60 View PostDebt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
But please include a link to your thread so I know who you are.
Specialist advice can be sought via our sister site JustBeagleComment
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COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Originally posted by chrisjones60 View Post
Maybe that's because the Debt Collector is acting on behalf of a Debt Purchaser who was assigned the debt by the original creditor?
If that were the case then unless you'd had paid the new debt owner (if it was assigned) no payments to them would show up on your bank statements.
Asking for your address and DOB confirmation would have been necessary for the Debt Collector to comply with the Data Protection Act. They couldn't be certain that the person who sent the email was the person connected to the debt without that confirmation so could go no further until that had been ascertained.
You say you had an account seven years ago which suggests you recognise the debt so maybe post some information about it to get feedback on the potential for it to be Statute Barred since the last payment isn't necessarily the Cause of Action for SB purposes.
The possible downside of telling a debt purchaser/collector that it's SB is that if it isn't yet (but could be imminently) then there's a risk that they could issue a court claim in order to beat the SB clock. You need to be 100% certain before you reveal your hand.
DiComment
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Hi, looked at my credit file and the default is by the debt collector (dated Dec 2017) not the original company? Plus the amount is for more than they are chasing me for??Comment
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Are you sure you didn't mistakenly look at the account opening date?
I'm not doubting you, but just want to check. Is it on Noodle you are looking?COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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It's Noddle I'm on and it doesn't mention the original debtor just the collection agency. I'll reply with the details they're asking for but I'm not giving them a telephone number. If anything I'm intrigued as I've been through my accounts again and I have not made payments to either the debt collection people or the original company in over 6 years.Comment
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On noodle, if you expand the debt by click the arrow. It will have a few rows of info and the bott two bits on the list are the original Default date and Default sum.
The date on the line next to the debt collectors name is when they last updated the credit file.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Originally posted by chrisjones60 View Post
If the debt is showing on your credit file that suggests it was defaulted within the last six years because the whole CRA file is removed from sight six years to the day the Default was registered, so if you can see it now that implies that the Default was within the last six years.
This may have a negative impact on your belief that it's Statute Barred since the last payment is not the only Cause of Action (it can be the remedy date of the DN or the actual default date).
If you tell them it's Statute Barred they will check and if the date is imminent then they may issue a claim to beat the SB clock.
(see post # 9)
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