How long before a debt is written off

jackrat · 23 July 2007 at 1:44PM

I know it is bad but about 8 years ago we had a considerable debt with Nat West. We have moved twice since I last had contact with them but I was still paying towards it for a while just never gave them my new address. I didn't clear the debt but anyone else who was chasing me at the time did trace me to my new address and I did redirect the post for a year but never heard anything from Nat West.

Now I would like to open a basic account with them (the step account) because they are easier for me to get to than the other banks that offer these types of accounts. Will they be able to trace me to that original debt and can they still claim it from me after all this time?

Thanks for your help

Xbigman · 23 July 2007 at 5:24PM

A debt is unenforcable after six years of no contact from you. Unless its for property or they were granted a CCJ or its a crown debt (court fines, council tax, etc) at which point its more complicated. You could still be chased for *any* debt by a debt collector its just that they can't take you to court or try any other legal action once six years is up. This is know as statute barred

NatWest might just have a record of you, although your debt has probably been sold on by now.
Personally I wouldn't open an account with anyone I owed money to, no matter how long its been.
Regards

X

BongoBill_2 · 10 November 2008 at 12:20PM

Is that 6 years with no contact or 6 years from last payment made?

MrsTinks · 10 November 2008 at 12:31PM

Bongo it's a little more complex than that... it's 6 years from the last time the debt was acknowledged ie you paid it or recognised it in writing. BUT if they can prove they have done everything reasonable to track you to make you pay then it will be very easy for them to get a CCJ on the debt. You will ALWAYS owe this money unless you repay it, the action they can take to recover it however will vary depending on what has happened. If they have been contacting you chasing payment as I said then it's not really statute barred... I'd recommend you contact CAB or one of the debt charities in my signature for advice on this... And no - do NOT open an account with any bank you have an unpaid debt with. If the current owner of the debt passes it back to NatWest then they CAN and WILL take money directly from any account you hold with them...

ALIBOBSY · 10 November 2008 at 12:33PM

x is correct.
6 yrs after last payment or last acknowledgement of the debt the debt becomes staute barred, or in other words unenfocable through the courts.
However they can (and often do) ask for the money back after the 6 yrs. Indeed some of the more dodgy debt collectors specialise in buying these barred debt really cheaply (perhaps 2p in the £) and still try to harrass people into paying. However the OFT guidence as well as the CCA clearly states once the debtor brings up the issue of being statute barred all recovery action should cease.
So the answer is the debt never really gets wiped, just becomes unenforcable and drops off your credit file. However the original creditor may well still have a record of it, as some banks keep records for years and years. depends how the natwest system works.

ali x

BongoBill_2 · 10 November 2008 at 12:57PM

Useful info, though my problem is slightly different.

5 years ago the Tax Credit office decided that they had overpaid me. I completed a form disputing the overpayment and heard nothing back from them. 3 years later I get a demand for immediate payment.

I have continued to dispute the overpayment and even approached my local MP who wrote on my behalf. In the response to him the HM Treasury wrote to explain that they operate a ridiculous condition known as "the reasonable belief test" whereby overpayments are only written off where there was a mistake by HMRC and it was not reasonable for the claimant to have spotted the error. As such my MP tells me that as such he can do nothing.

Just as worrying was the fact that the response to MP included my full bank account and sort code details which was not required to make the point!

So my question remains the same does anything change after 6 years or will I still be hounded. Is there anything I can do with regard to blatent disregard and use of my personal data?

BB

Oh, and the tax credit people refused to even acknowledge my first request for info under the FOI act!

drayton8oi · 1 May 2010 at 1:31PM

Hiya
I was in a very abusive relationship for about 14 months and was then left with my ex taking every bit of my furniture my two pedigree Labradors and even curtain tracks, carpets and light bulbs - when i tried to get the police involved they advised me that as he had the receipts i could not prove they were my belongings - even though he hadn't worked in 10 months..!!! i was 19 left in a rented house with no family etc to hep - i went to my bank who gave me a 5k loan, 3.5k credit card and £900 overdraft in the same day - i refurnished the house etc and repaired as much damage as possible, then i lost my job and was unable to pay anything back - i stapled my curtains around the window sills and used to watch my tv with headphones on due to not being able to deal with creditors etc - that was about 6 years ago - i tried to offer to pay money back but was told it was not enough, i didnt know about the cab being to help etc - i suffer from extreme depression and have finally got myself back into a good job, i live with my new partner who has his own house and i own nothing in it - anyone got any advise please? it will be v v much appreciated
thanks

Jayne_Morgan_123 · 18 May 2010 at 3:51PM

I had a loan in 2000 with RBS and one for one reason or other I changed banks and forgot about it!! I have since got married - 7 years ago and had forgotten about the loan until last year I recieved a letter from Capquest to my maiden name regarding the unpaid amount. I have today just been served with papers in my maiden name for a bankruptcy order!! I have spoken to them once about 6 months ago about this but apart from that there has been no conact with any one for about 9 years - can they do this to me!!! What can I do as I am a stay at home mum - was made redundant on maternity leave so not out of choice -hubby is on minimum wage and we have other bills etc to pay and I really dont want to be bankrupt for 2k!! HELP

magoogy · 18 May 2010 at 4:24PM

just to let you know - your questions will be answered better if you put them in the 'debt free wannabe' board - they have all the template letters and that to help you and will offer better advice...

Soubrette · 18 May 2010 at 4:31PM

Jayne_Morgan_123 wrote: »

I had a loan in 2000 with RBS and one for one reason or other I changed banks and forgot about it!! I have since got married - 7 years ago and had forgotten about the loan until last year I recieved a letter from Capquest to my maiden name regarding the unpaid amount. I have today just been served with papers in my maiden name for a bankruptcy order!! I have spoken to them once about 6 months ago about this but apart from that there has been no conact with any one for about 9 years - can they do this to me!!! What can I do as I am a stay at home mum - was made redundant on maternity leave so not out of choice -hubby is on minimum wage and we have other bills etc to pay and I really dont want to be bankrupt for 2k!! HELP

Just to reiterate what magoogy says - please post this in the debtfree wannabe section of the board - follow this link http://forums.moneysavingexpert.com/forumdisplay.php?f=76

Look down the left hand side of the page and about three quarters of the way down you will see a blue button with 'new thread' on it - press on that - give your post a title and cut and paste the above.

Capquest are notorious for threatening bankruptcy so it may be worth posting exactly what they have said in the letter.

Good luck

Sou

Alleycat1965 · 2 July 2010 at 10:22AM

I owe around 50K in many credit cards debts going back around 5- 6 years, I have moved a few times and they always catch up. The debts have been sold on and I get letters almost daily but I never respond. They are all worded be may do this and we may do that but nothing every seems to happen.

My question is

A. Why all the "May's" and they dont seem to do anything?
B. Would this be wriiten of my credit file shortly as I still cannot get credit?
C. Will they cahse me for evermore?

Thx P.

How long before a debt is written off

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