Statute barred debt passed on to APEX help?

[Tommy]

Hi,

Today i visited a 'debtor' through work, and whilst discussing there financial situation with a veiw to making payment plans, I discovered a letter that i found interesting.

It was made after a phonecall to the DCA acting at the time, and clearly stated the last payment/contact was over 6 years from date of this letter. It went on to say that due to the time involved a true CCA was unavailable but payments should be made to xxx. This is obviously unfair according to the OFT and time limitations.

Later on APEX have bought the debt, letter of assignment from previous company was there. Since APEX had the debt , the account holder has made upto 5 payments as she knew no different.

Ive suggested they seek advice, but as i have to revisit at some point thought id ask here myself incase they dont.

Thanks, tommy

[Curlyben]

Re: Statute barred debt passed on to APEX help?

Once a debt is statute barred then NOTHING can unbar it.
Yes the debt still exists (Engalnd and Wales) but NO court enforcement action or CRA reports can be made. As per s5 of limitations Act.

So they should STOP making payments and make this fact clear to Apex.

[Angry Cat]

Re: Statute barred debt passed on to APEX help?

Please open the following link and scroll down to part 2.13:
http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

[Tommy]

Re: Statute barred debt passed on to APEX help?

Thought as much! They will be happy!