Statute barred....? What now?

[Joe90]

Hi All,

new to the site, but have been reading the forums before hand. I have a query that maybe someone can shed light on.

Recently received letters from Robinson Way, first to get in contact with them and then telling me about two outstanding debts. Having read about statute limitation I was convinced the debts were statute barred. I sent two statute barred template letters to RW and received back the following: (redacted)

"we acknowledge your recent communication and write to inform you that the account to which you were referring to is now closed on our files. We will pass any relevant documentation/information that you have sent on to our client for them to deal with accordingly"

They then give me the address of the client as HPH2 Ltd.

Does RW's closure on their files indicate the debt IS statute barred, or are they cutting their losses and putting the debt back to HPH2 for them to chase. I'm aware that if a debt is statute barred, it is legally unenforceable and cannot be 'recycled' . Does this then prevent HPH2 from pursuing the debt as well?

[jaguarsuk]

Basically they know the debt is Stat Barred and were probably just chancing their arm to get you to make a payment to enliven it up again.

You'll probably get a couple of attempts at this, so just send them the same letter each time.

[warwick65]

Robinson way are the debt collecting arm of HPH2. All you can do is now wait and see; if the debt is statute barred they should not be writing to you again but the limitations act is a very complex beast and it is rare anything is set in stone.

How did you phrase the letter because if the debt was just on the verge of becoming SB a poorly drafted letter may be taken as acknowledgement of the debt and restart the limitations 'clock'

Can I ask, why do you think these accounts are SB? Were they loans, credit cards, overdrafts- overdrafts are the most difficult ones by the way

Incidentally I got a letter from a different DCA actually telling me my debt was no longer enforceable in court but I still owed it

At times like this, less is more - again, In my opinion

[thedirtyhound]

Robinson Way is part of the same organisation as HPH2. They are the first line of contact and undertake all HPH2's admin, so you should not hear anything further about the matter. I am in exactly the same position with them myself. It would help matters if English law followed Scottish law in expunging debts when they become statute barred. Unfortunately, in English law the debt still exists, but they can't take you to court for it. However, if you tell them that it is statute barred, they will (or at least should) not bother you again. The debt should also have dropped off your credit file, so you should have no worries on that score.

[Joe90]

Thanks for your input guys.

In answer to the questions from Warwick65, the letter sent by recorded delivery clearly stated that I did not admit any liability for their claim. Also quoted section 5 of the Limitations Act 1980 and section 7.15.8 of the FCA's Consumer credit sourcebook about ceasing demand for payment. I finally asked them to confirm in writing that the matter was now closed.

The debts were simple contracts for bank account and credit card and neither had any payment or contact with the creditor since 2011.

I am aware that once SB, the debt is legally unenforceable. And yes, DIRTYHOUND, you are correct that though unenforceable, the debt still exists. Thats when I will once again send the SB letter template should another company try to take up the case.