Unsure if debt is statute barred

[sophia1986]

Hi all,

I have a debt that is possibly statue barred but I am not 100% sure if it is. I have received a letter from Robinsons Way asking for full repayment. The debt was originally from a bank loan that was initially defaulted on and then an arrangement was made with the DCA,but due to circumstances (relationship breakdown) the debt was never repaid in full.

The last letter of correspondence I have found was dated from August 2009,which I am certain I didn't respond to because I was considering either a DMP or bankruptcy. Due to issues with my relationship breakdown, I had to up and leave where I was living and as my health deteriorated, my debts were the last thing on my mind.

Anyhow,the last letter I received was over six years ago, and the said debt dropped off my credit file about six months ago (the default for this debt was listed by a DCA,but not the one who has just sent me a letter),which would make me think the debt was statute barred, but I dont want to send a letter stating that, as if its not, I feel its a way of acknowledging the debt.

Which way would be the best way to approach this?

Many thanks for your time and advice

[Stu]

Re: Unsure if debt is statute barred

Send a letter "Prove it letter" see what their response is

Dear Sir/Madam
Reference Number 1234567890
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that I have no knowledge of any such debt being owed to "Company"
I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1
"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3
"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4
"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5
"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6
In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.
I look forward to hearing from you.