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20 yes 20!!! Year old debt

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  • 20 yes 20!!! Year old debt

    Afternoon all

    i received a letter from Robinson Way in August claiming £3000 from welcome finance

    I emailed asking for evidence as i had no recollection of any such debt.

    i have today received a letter stating agreement is attached so please contact us now with payment proposal

    Upon checking the agreement it is for car HP in Mar 1998!!

    Am i safe to assume this is statute barred?

    Either way what would my next move be?

    many thanks in advance
    Steve
    Tags: None

  • #2
    Probably, unless it was a 10 year term loan and you've been making payments under some kind of DMP arrangement for the last 10 years (seems unlikely) .....any recollection at all what happened with the car / loan at the time ? Any later loans with Welcome or is this the only thing you've ever had with them ? Any other lurking debts with Hoist / Robinson Way - anything showing on your credit file ? Definately a car HP and not a loan secured on your house ? Under £25k ?




    Write back saying the debt is statute barred along these lines....

    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)
    #staysafestayhome

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    • #3
      Hi Amethyst

      It was a 3 year loan not on the house and loan was 2585

      No contact for ever!!

      Nothing on credit file and nothing else with Robinson Way

      Only loan with Welcome. No idea what happened to car sorry

      I will send that to them. I did put very similar in original email to them when i requested details

      Comment

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