Statute barred

[Chris222]

Hi i got a letter from intrum say i am owing overdraft from a bank that i am presently banking with which i have forgotten about, the account is already close because i did not operate the account since 2009 but i told intrum that i do not own the debt.
I could not operate the account because i was not able to work due to circumstances with the home office, it was just last year i got my resident permit after iwon my appeal at court, so i went to the same bank i gave them all my information they could not find my old account so have to open a new one i got overdraft and credit card on my new account and also and also register my name on credit agency and non of them is showing default or CCJ Judgement. So think my debt is statute barredbecause the last time i defaulted or acknowledge debt was in MAY 2013 according to the document intrum sent to me and that was the first time contact i never dealt with intrum before and don't know them please i need help on how to go about this. thank you

[Amethyst]

i told intrum that i do not own the debt.

When did you do this? and did you tell them then it seemed to be over 6 years old ?

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or Debt Collection Agency (DCA) misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or DCA 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.

Some lenders and many DCA's will continue to request money for debts that have lapsed beyond six years. If you find that you are being pursued for a debt that you believe is statute barred, then use this letter.

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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.''

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

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

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