statute barred debt

run_rabbit55
run_rabbit55 Posts: 76 Forumite
First Anniversary Combo Breaker
in Debt-free wannabe
Hi. After looking at my credit file a debt im being chased for does not appear on it possibly meaning it's statute barred. Trouble is I've just offered a settlement offer before knowing it could be barred.can I still claim it's statute barred?

Comments

  • double_mummy
    double_mummy Posts: 3,989 Forumite
    Combo Breaker First Post
    just because it is off your credit file does not mean it is statute barred

    send them a letter telling them it is if they can then prove that it isn then it might not be

    was there a period of 6 years where you made no payments or written acknowledgements?
    The only people I have to answer to are my beautiful babies aged 8 and 5
  • fatbelly
    fatbelly Posts: 20,480 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Hi

    You can't really infer anything from non-appearance on a credit report. Debts don't appear for a variety of reasons.

    If you didn't acknowledge the debt, by payment or in writing, for a period of 6 years, and the creditor did not commence court action in that period then, yes it could be statute barred.

    See if they accept your offer.
  • run_rabbit55
    run_rabbit55 Posts: 76 Forumite
    First Anniversary Combo Breaker
    I've sent them a statute barred letter, I not 100% sure but there's a good chance it's been six years with no payment. I've only in the last few days emailed them with settlement offers and tonight potentially seen it could be statute barred. Oh and lowells will only accept 20% off the total
  • Tixy
    Tixy Posts: 31,455 Forumite
    If it was statute barred before you made the offer of payment - then it will still be statute barred now. Nothing can 'unbar' a debt.

    If it was about to become SB, then your offer will mean it won't become SB now.

    That said it not being on your credit file does not necessarily mean it is statute barred, it likely means that the original default was more than 6years ago, but the default date isn't directly relevant to when a debt becomes SB.

    edit - sorry x posted with others (took a phone call mid typing!)
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • run_rabbit55
    run_rabbit55 Posts: 76 Forumite
    First Anniversary Combo Breaker
    When does it become SB? From what point?
  • double_mummy
    double_mummy Posts: 3,989 Forumite
    Combo Breaker First Post
    6 years starts from the last time you made a payment or acknowledged the account in writing
    The only people I have to answer to are my beautiful babies aged 8 and 5
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    double_mummy wrote: »
    6 years starts from the last time you made a payment or acknowledged the account in writing

    Actually, if you're in Scotland it is five years.
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • double_mummy
    double_mummy Posts: 3,989 Forumite
    Combo Breaker First Post
    you are correct i stupidly presumed the OP was in england
    The only people I have to answer to are my beautiful babies aged 8 and 5
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