statued barred debt

[Andrewf]

hello everyone ,
new to this so i hope someone can help
i had a loan about 20yrs ago which was secured against a property that was reposessed due to a relationship breakdown.

about 2-3yrs ago the loan reared its head in the form of lightfoots debt recovery .i did seek legal advise ,but was given it needed to be free of payment for 12yrs , i had payed some of the debt 11yrs previous.
so i have paid the debt for the last 2yrs or so at £10 a month .
the debt has now been transfered to Moorcroft debt recovery
i have been told that this debt must have been statued barred and i am not required to pay it , is this correct ?and has anyone a letter that i can send ,
many thanks
andy

[Kati]

Re: statued barred debt

Unfortunately, a debt can only be Statute Barred if you haven't either acknowledged or paid anything towards it in 6 years (5 in Scotland) :tinysmile_hmm_t2: as you've been paying, it won't be SB

Kati x

[stevemLS]

Re: statued barred debt

And won't the limitation period on this be 12 years as it will have been secured by a deed.

Or does it change to unsecured following repossession?

[Andrewf]

Re: statued barred debt

Hi katie,
Maybe i didnt word it right above , i hadnt paid anything on the debt for 11yrs , then light foots contacted me , and i started paying £10 a month , so i was told the debt would be statued barred after 11yrs of no payment or correspondance and i do not have to pay as the debt will always be statued barred and uncollectable , so is this true , and has somebody a template letter i can use ,
thanks

[Andrewf]

Re: statued barred debt

Hi katie,
Maybe i didnt word it right above , i hadnt paid anything on the debt for 11yrs , then light foots contacted me , and i started paying £10 a month , so i was told the debt would be statued barred after 11yrs of no payment or correspondance and i do not have to pay as the debt will always be statued barred and uncollectable , so is this true , and has somebody a template letter i can use ,
thanks

[Kafka]

Re: statued barred debt

If this is secured, then a contract under seal has double the Limitation period, so 12 years in E&W. If you started paying again after 11 years then the Limitation clock started again then from 0.

As far as I'm aware, a contract under seal remains so, even if the security no longer exists. In fact that makes no difference for Limitation, because payments have been made recently.

[Andrewf]

Re: statued barred debt

Hi katie , could i use the following letter to contest ?

NON-NEGOTIABLE

[FIRSTNAME LOWERCASE] of the family [SURNAME LOWERCASE]
c/o [YOUR ADDRESS][YOUR ADDRESS][YOUR ADDRESS][YOUR ADDRESS][YOUR POSTCODE]

[COLLECTION CONTACT] Collections Department

[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR ADDRESS]
[THEIR POSTCODE]

[THE DATE]

Re: Reference Number: [ACCOUNT NUMBER]
Dear Interloper

Thank you for your recent contact dated: [LAST LETTER DATE].

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.


Please provide this information and documents within ten (10) days from the above date, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

Yours sincerelyBy: By: Sovereign [FIRSTNAME LOWERCASE] of the family [SURNAME LOWERCASE]
Authorised Agent and Representative for [FULLNAME UPPERCASE]

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT

Calls maybe recorded
1

thanks

[Nibbler]

Re: statued barred debt

H could i use the following letter to contest ?

Not if you want the creditor to take anything you write or say seriously ever again.

[Amethyst]

Re: statued barred debt

hello everyone ,
new to this so i hope someone can help
i had a loan about 20yrs ago which was secured against a property that was reposessed due to a relationship breakdown.

about 2-3yrs ago the loan reared its head in the form of lightfoots debt recovery .i did seek legal advise ,but was given it needed to be free of payment for 12yrs , i had payed some of the debt 11yrs previous.
so i have paid the debt for the last 2yrs or so at £10 a month .
the debt has now been transfered to Moorcroft debt recovery
i have been told that this debt must have been statued barred and i am not required to pay it , is this correct ?and has anyone a letter that i can send ,
many thanks
andy

It's 12 years for the secured loan capital.

How much was the original loan, how much was paid off by the repossession and how much does the debt currently stand at?

[Andrewf]

Re: statued barred debt

So what is the problem with the letter above then , which has been covered .
being that , it has been used successfully !!
or is it this site is run by DCA's ??!!

[wales01man]

Re: statued barred debt

This site is NOT run by DCAs far from it .

[stevemLS]

Re: statued barred debt

Oh dear.

Letter I assume is the Freedom shite.

Can you point to a single example where it has been legally considered and taken to be other than bullshit.

If you wish to pursue that route then that is plainly your choice. I suspect you will get little assistance here.

And if you really think this site is run by DCAs you are an idiot or you have not read previous threads.

[wales01man]

Re: statued barred debt

Well said stevelms

[Kati]

Re: statued barred debt

I'm afraid I still see no relevance in a SB argument when the OP has already admitted to paying towards it in the last couple of years :tinysmile_cry_t:

If the debt had been argued as SB when lightsfoot recovery (??) had first got involved, then it might have worked - paying £10 a month towards it since then has effectively reset the clock - whether the time limit was 6 or 12 years is not going to help now he has been paying towards it for the past 2 (??) years.

[stevemLS]

Re: statued barred debt

But the are Freeman of the Land so no owe nothing to anyone, under unlimited penalty for perjury lol