Statute Barr Clarification

[osophi]

Hi all,

I just want to clarify this "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"

Three creditors/debt collectors write to me on a periodic basis. I do not have dates of when I defaulted on those accounts. I have checked my bank statement going back to March 2014, nothing suggest I have been making payments to them, original lender or through a debt management company in the last 6 years or that I have been in contact to accept liability in that period.

As the statement above refers to creditors being in contact, does that mean that seeing the the 3 were last in contact with me, not the other way round in Sept 2020, Feb 2021 and March 2021 chasing monies, statute barr does not apply?

Thank you for your help in advance.

[EnglandPi]

Statute Barred Letter

[Matty B]

DO NOT SEND THE STATUTE BARRED LETTER It might be that they are near SB and sending the letter a) resets the clock or b) prompts them to issue a claim

I would ignore unless they threaten court action

I remember being told it was them contacting you which kept the SB alive but that is not true- of course if they contact you and then you respond that is another story.

[des8]

I think the limitation period starts after a valid default notice has been issued, and the period for payment has expired.
This was sorted in a Court of Appeal case ( Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12 (23 January 2019),
Tagging pt2537 who will correct me if I have remembered this wrongly

[pt2537]

I think the limitation period starts after a valid default notice has been issued, and the period for payment has expired.
This was sorted in a Court of Appeal case ( Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12 (23 January 2019),
Tagging pt2537 who will correct me if I have remembered this wrongly

Correct mate

[osophi]

I think the limitation period starts after a valid default notice has been issued, and the period for payment has expired.
This was sorted in a Court of Appeal case ( Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12 (23 January 2019),
Tagging pt2537 who will correct me if I have remembered this wrongly

Thank you so much. Does this mean that even if one is making some payments following the default notice date and after 6 years some of the debt remains, statute barr due to the appeal in 2019?

[des8]

If you make payment or admit to the debt after the default date, the 6 year limitation period is restarted.

[osophi]

Hi all,

I just want to clarify this "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"

Three creditors/debt collectors write to me on a periodic basis. I do not have dates of when I defaulted on those accounts. I have checked my bank statement going back to March 2014, nothing suggest I have been making payments to them, original lender or through a debt management company in the last 6 years or that I have been in contact to accept liability in that period.

As the statement above refers to creditors being in contact, does that mean that seeing the the 3 were last in contact with me, not the other way round in Sept 2020, Feb 2021 and March 2021 chasing monies, statute barr does not apply?

Thank you for your help in advance.

In that case, I will wait until there is notice of court action from the 3 above before sending statute barr letter out, as in those cases I have not had communication with them or made any payments or such like as stated above. Please do let me if you think I should be sending the letter to them either way?

[EnglandPi]

If they are not actively chasing you, there is no need to send them anything. When the debt is statute barred, they will no longer pursue you.

[glendale]

When the debt is statute barred, they will no longer pursue you.

In a perfect world maybe - not in the real world we know .

[EnglandPi]

In a perfect world maybe - not in the real world we know .

Sadly, I have to agree but in every profession there are unscrupulous people who will try anything if it’s to their advantage.

[ploddertom]

As a CCj was awarded against you then you will always owe the money. Because they failed to take enforcement action is their own fault for which they will no doubt have difficulty if trying to apply to Court to continue. In the meantime they may politely ask you to pay to which you can ignore, politely refuse or refer them to Arkell v Pressdram.