Statute barred?

[alfie]

hi again.

i have a question on behalf of someone if anyone can assist. it is regarding statute bar and what constitutes a written acknowledgment. a letter was sent following a collection assignment letter saying that they do not acknowledge anything, but it was not headed 'without prejudice'. would the letter still constitute an acknowledgment?
thankyou.

[alfie]

Re: Welcome to alfie

hi
anyone any views on this issue?

[Pixie]

Re: Statute barred?

Hi alfie, fromwhat you say it doesn't sound like an acknowledgement to me. Are they being chased for the debt?

[alfie]

Re: Statute barred?

hi pixie. thankyou for reply.
yes, being chased.
they sent a collection assignment letter. a letter was sent in response saying no acknowledgments requesting further info.

[Pixie]

Re: Statute barred?

Could you give us some more info? What date was the last payment/acknowledgement of the debt? When did they send the letter in response to the assignment letter and who's chasing them?

[alfie]

Re: Statute barred?

hi
i will check when the last payment was. i think it was a token payment after a default notice. but due to be barred soon, if not already..
letter sent as in response.

[Undercover Elsa]

Re: Statute barred?

Hi Alfie,
I agree, it doesn't sound like an acknowledgement. Much depends on the other wording in the letter too, such as referring to "the above referenced account" rather than "my account".
Generally though it has to be a pretty unequivocal admission, such as making an offer.
Without prejudice should only be used when there is an existing and ongoing dispute, when making a genuine attempt to resolve the dispute, such as a settlement offer prior to going to court.

If the account had already defaulted then the SB clock will have started the day after the last payment.

Do try and get your friend to join the forum. It's quite common for debt collectors to increase activity and try and issue a court claim just before the debt becomes Statute Barred. He/she needs to tread very carefully, and may need help through this crucial stage.

Elsa x

[alfie]

Re: Statute barred?

hi
thanks for your reply.
no references were made to 'my account', nor any offer made. It was a letter requesting further details stating within that they do not acknowledge anything. I will find out the last payment date.

[Pixie]

Re: Statute barred?

Definitely doesn't sound like an acknowledgement.

When you know the date of the last payment we'll know more about the status with regard to SB.

[alfie]

Re: Statute barred?

thanks for reply.
it looks like the last payment was after a default notice. provided the letter isnt deemed as an acknowledgment. do you think that a request for the agreement should be made, chancing that they wont get any details back nor do anything in the meantime.

[Undercover Elsa]

Re: Statute barred?

It depends what stage they are at. Was the last letter your friend got a "Notice of Assignment" informing them that the debt had been sold/purchased?
If that's the case then it's early days and probably a bit too soon to be sending a CCA Request.

Let us know exactly what the latest letter says, and which debt collector is involved and we'll have a better idea of the best way to handle it

Elsa x

[alfie]

Re: Statute barred?

hi
the last letter was a discount letter to call them to discuss such. no calls have been made to them. the letters before that were regarding assignment and collection.

[Undercover Elsa]

Re: Statute barred?

So it's progressed from the NOA but still isn't terribly threatening yet.
It's their decision really, but if they aren't experienced in judging the tone/urgency of DCA letters it would probably best to send a CCA Request just before the deadline in the most recent letter.
http://forums.all-about-debt.co.uk/s...l=1#post495038

Elsa x

[nanna58]

Re: Statute barred?

Hi Alfi would your friend be able to join us to give more detail .... Just a thought xxx

[alfie]

Re: Statute barred?

hi
the last payment date has goneby, so this is barred subject to whether any of the letters are seen as an acknowledgment.
the first letter was in response, to request clarification and a copy of the deed of assignment. it was stated in the letter that there was no acknowledgment. they then sent the notices of assignment and some collection letters then followed. another letter was then sent to them just requesting the outstanding copy deed, again with no acknowledgment. the last letter from them was a discount letter. no correspondence since, and no further letters have been sent to them.
what do you think?