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Statute barred

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  • Statute barred

    Hi,
    I received these letters in the post yesterday, this debt is 18yrs old! Do I send a prove it letter, cease and desist or ignore. I'm a bit worried about them registering it with a CRA because my credit file is in very good shape.

    Thank you,
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  • #2
    Re: Statute barred

    Hi,

    I take it there has been no payment or written acknowledgment of this debt is the last 6 years?
    If so it's statute barred.

    Have you previously had dealing with Aktiv Kapital?

    Comment


    • #3
      Re: Statute barred

      Have been quite a few of those going out lately from Aktiv, PRA or whatever they are now. Particularly for many ex MBNA cards it seems.

      I note the somewhat ambiguous statement about the CRAs, but what it is basically saying is that if there is a default record currently on your reports it will be changed into the name of the buyer, not that they will necessarily be recording a newly or recently dated default. Obviously it's worded in a way that it's easy to misread and come to the wrong conclusion. They do like to panic people.

      Saying that, if they did now try to record something on your credit files they would be in breach of DPA as it would be inaccurate, and you could challenge it.

      On the statute barred issue, it's up to you. Send a letter or not if you are sure it's SB. It's doesn't seem to be a specific demand just yet.

      If me I would be inclined to reply in full force if I was sure it was SB, but I'm an argumentative ****er.

      Comment


      • #4
        Re: Statute barred

        PRA are known to "dig deep" into the debt portfolio(s) and will pursue very old debts in the hope that some will pay off due to the ignorance of the debtor
        It is always best to kill off such speculative approaches as quickly as possible.

        nem

        Comment


        • #5
          Re: Statute barred

          Thanks for this reply. I have had letters from then in the past regarding the same. This is definitely statute barred.

          Comment


          • #6
            Re: Statute barred

            If you're sure send the following to PRA.

            Date................
            Ref: use theirs

            Sir/Madam,

            I refer to correspondence from PRA dated XX XX XXXX regarding an alleged debt for £xxx. xx which PRA claims I owe.

            Please take note I do not acknowledge any debt to PRA or any company it may claim to represent.
            From information available to me I have concluded that any such alleged debt is Statute Barred therefore I will not make any payment now or in the future.
            PRA will now cease processing all date relating to me and will remove it from it's records.
            PRA is reminded that the onus of providing Unequivocal Proof that the alleged debt is not statute barred fall entirely upon PRA I am not obliged to prove the status of the alleged debt.

            use signed for post and check delivery date.

            Comment

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