statute barred 13 year old CCJ

skelly31 · 27 June 2014 at 9:39AM

Help i think i have dropped a clanger. i was recently contacted by TBI financial regarding a debt from 2001 being the good bloke i am i thought i had better pay £20 a month to clear it, but now having looked at all the legislation and my credit report i find that they were chasing me when proberly they were not allowed to.

What should i do????????

sourcrates · 27 June 2014 at 10:24AM

skelly31 wrote: »

Help i think i have dropped a clanger. i was recently contacted by TBI financial regarding a debt from 2001 being the good bloke i am i thought i had better pay £20 a month to clear it, but now having looked at all the legislation and my credit report i find that they were chasing me when proberly they were not allowed to.

What should i do????????

Hi OP,

What kind of debt was it ? assuming it was a card or loan account, which has not been subject to a CCJ, and the debt dates from 2001 ? how recently have you started paying ?, if there was a gap of 6 years where no payment or acknowledgement in writing was made, then the debt should be statute barred and you are not obliged to pay it.

It doesn't mean the debt has gone away, just that the creditor, or his collectors, cant obtain a CCJ against you in court, assuming one hasn't already been granted.

fermi · 27 June 2014 at 10:47AM

sourcrates wrote: »

if there was a gap of 6 years where no payment or acknowledgement in writing was made, then the debt should be statute barred and you are not obliged to pay it.

Should that be the case, there is a letter to send here: http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

skelly31 · 27 June 2014 at 10:51AM

hi, i am pretty sure it was a store credit type of debt and no there was no type of repayment in 6 years and i have only been repaying it for around 5 months, the reason i am now raising the issue is that they were taking the money POS on my debit card and said card has expired so they rang last night for new card details to which i then started raising my concerns with the chap on the phone. i said you were chasing the debt way after the 6 year period and at the point 5 months ago when i handed over my debit card details i was unaware of the the legislation that is in place, he replied statute limitation we cant legally inforce you but there are other ways (threatening tactics).

i also have no paperwork regarding said debt either so should i really carry on letting them take my money.

have they defrauded me, are they leggally obliged to inform you that the debt is statute barred, just scammers in my eyes

fermi · 27 June 2014 at 10:54AM

So they are admitting it is statute barred then.

Send the letter here recorded delivery: http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

Tixy · 27 June 2014 at 10:57AM

With a statute barred debt the debt still exists and they are legally allowed to ask you to pay. Only after you inform them that you don't intend to pay because it is statute barred do they need to stop chasing you for the debt.

So no you don't need to pay anymore, but they haven't defrauded you and you will not be able to get a refund of the money paid recently.

And despite what he says they cannot take any further action or get money from you in another way if this is a consumer credit debt.

skelly31 · 27 June 2014 at 11:07AM

they are due to call today for the new card details can you guys give me some speel to say so it sounds like i know what i am talking about should i ask if they know where original debt stems from because to be honest i am not entirely sure myself, been a bit of a silly billy really ( note to self check experian before agreeing to pay something off)

Tixy · 27 June 2014 at 11:15AM

skelly31 wrote: »

they are due to call today for the new card details can you guys give me some speel to say so it sounds like i know what i am talking about should i ask if they know where original debt stems from because to be honest i am not entirely sure myself, been a bit of a silly billy really ( note to self check experian before agreeing to pay something off)

"It has come to my attention that this debt is very likely to be covered by the Limitation act and be statute barred.
I will not be making any further payments at the moment. I will be writing to you in due course".

fermi · 27 June 2014 at 11:18AM

And if they try to argue, refer them to section 7.15 of CONC (the FCA's consumer credit sourcebook) that sets rules on chasing statute barred debts, and that you will report them to the FCA for each and every breach of that they make.

skelly31 · 27 June 2014 at 11:25AM

Thankyou so much guys the point is i am not disregarding the debt i took said loan at a time when i was employed by the armed forces, but was susequently medically discharged and for a long period after was never in a posistion to clear it. but in the current economic climate and with a young family i cant afford to pay something monthly when there is no need to it appear, from what i have read it was in the main down to the lender to retreive the debt within the 6 year period

sourcrates · 27 June 2014 at 12:12PM

I would not even speak to them on the phone, just send the "Statute barred" letter to them, and that will be the end of it, you may find you get tongue tied on the phone and could agree to things you normally would not agree to, best to ignore that phone call, or barr there number, always best to do these things in writing.

statute barred 13 year old CCJ

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