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How long before a debt is written off
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# 1
jackrat
Old 23-07-2007, 1:44 PM
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Default How long before a debt is written off

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
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# 2
Xbigman
Old 23-07-2007, 5:24 PM
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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.
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# 3
BongoBill
Old 10-11-2008, 11:20 AM
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Is that 6 years with no contact or 6 years from last payment made?
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# 4
MrsTinks
Old 10-11-2008, 11:31 AM
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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...
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# 5
ALIBOBSY
Old 10-11-2008, 11:33 AM
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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.

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# 6
BongoBill
Old 10-11-2008, 11:57 AM
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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!

Last edited by BongoBill; 10-11-2008 at 12:17 PM.
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# 7
drayton8oi
Old 01-05-2010, 1:31 PM
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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
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# 8
Jayne Morgan 123
Old 18-05-2010, 3:51 PM
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Default Help!! Can I be made Bankrupt over a 9 year old Debt!!!!

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

Last edited by Jayne Morgan 123; 18-05-2010 at 4:02 PM.
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# 9
magoogy
Old 18-05-2010, 4:24 PM
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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...
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# 10
Soubrette
Old 18-05-2010, 4:31 PM
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Quote:
Originally Posted by Jayne Morgan 123 View Post
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/...splay.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
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# 11
Alleycat1965
Old 02-07-2010, 10:22 AM
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Default Big debt and people chasing

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.
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# 12
tigerlilly98765
Old 09-12-2010, 10:37 AM
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Default Help needed in regards to chasing letters on past debt from council

HI i'm new to this site and had a questions that I hope someone knows the answer to. I have been receiving threatening letters from my local town hall. Almost 6 years ago they placed me in a bed and breakfast before moving me into temporary accomadation. I never actually stayed at the B & B but this was the process needed to move me into temp accom. The B& B was for approx 8 weeks and was paid for by housing benefit. Years later I recieved a letter saying the town hall had recalculated this and I now owed them £500. It was the first I'd heard of it and as I never actually stayed there I ignored it and they never replied. They write again a few years later and again I ignored it. It seems that they just want me to reply so that they know they've located me. There has been two letters in the past few months and I think this is because the 6 year mark is coming up.

Does anyone have any advice? Is this connected to statute barred?
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# 13
squadie34
Old 02-03-2012, 10:43 AM
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Default Bailiff Letter

Hi there,

I returned from a week away with work and on opening the letter box found a letter from Bristow & Sutor Civil Enforcement Agents with reference to Council Tax.

Now this is in relation to a property I sold in either Jan or Feb 2005 and thought the council tax was up to date and the account closed down correctly and the council had a forwarding address. I called the council saying there must be some sort of mistake as this was closed down and the lady said this was for a bill that was made from Oct 2004 to Feb 2005 she said I had a 6 month exemption that I applied for when I moved out of the property but I was sure I closed the account down.

Now I have had no correspondence up until now even though I gave a forwarding address and I was in that address for just over a year, I asked when and if a liability order was issued and she looked through the records and said the 6th July 2005.

I an looking for advice on where I stand with this problem, any advice will be much appreciated.

Thank You.
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# 14
arizon
Old 06-03-2012, 9:51 PM
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Hi all. New to this, so pls bear with me. I have similar problems to those posted above. Drayton8oi - my problems closely relate to yours; my sympathy.
I'm not seeing many difinative answers, although just backtracked and did see some info. Can someone clearly explain this 6yr statute pls, and in particular how it applies in Scotland. Many thanks.

Subject: Confused!

Last edited by arizon; 06-03-2012 at 10:20 PM. Reason: Don't know how to enter title/subject; nor manage threads - sorry.
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# 15
Coopdivi
Old 07-03-2012, 5:28 AM
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arizon, you will get better and more sympathetic advice on the Debt-Free Wanabee board.

http://forums.moneysavingexpert.com/...splay.php?f=76

There's also a little bit about statute barred debt in this post:

http://forums.moneysavingexpert.com/...7&postcount=15
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# 16
vulture
Old 07-03-2012, 9:36 AM
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Arizon as suggested post on the debt free wanabee board, but just to give encouragment to you I too was in a similar this position, with the help and support of some great people on this site I found my debt was statue barred and was given the information / letters I needed in order to stop the baliffs and solicitors. good luck
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# 17
charlottepearson
Old 30-05-2012, 8:08 PM
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Angry debt

I recieved a letter yesterday saying i owe £239.50 to littlewoods but the letters from Transcom and far as i am aware i dont owe anyone any money so i rang them up and they said its from 1999 from my old address not lived there for the last 12 years i have had no contact from littlewoods or anyone regaurding this matter i did have debts at my old address but i payed them all off in installments after i moved or so i thought.The phone call ended on the note that i have to repay this money i told them as the debt was so long ago i dont have to pay it but they said i do so their going to get intouch with littlewoods and get a statement to show me what i owe the money for where do i go from here and what do i do please help.
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# 18
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Old 30-05-2012, 9:47 PM
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# 19
fermi
Old 30-05-2012, 9:54 PM
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Quote:
Originally Posted by charlottepearson View Post
I recieved a letter yesterday saying i owe £239.50 to littlewoods but the letters from Transcom and far as i am aware i dont owe anyone any money so i rang them up and they said its from 1999 from my old address not lived there for the last 12 years i have had no contact from littlewoods or anyone regaurding this matter i did have debts at my old address but i payed them all off in installments after i moved or so i thought.The phone call ended on the note that i have to repay this money i told them as the debt was so long ago i dont have to pay it but they said i do so their going to get intouch with littlewoods and get a statement to show me what i owe the money for where do i go from here and what do i do please help.
Would be statute barred.

Transcom can "take a hike"

See the info in this link.

http://forums.moneysavingexpert.com/....php?t=2606811

The letter in this one may be most appropriate.

http://forums.moneysavingexpert.com/...57&postcount=5

Write. Don't talk to these people on the phone, as they will lie through their teeth to get money out of you.
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# 20
mrmouse
Old 20-08-2012, 3:40 PM
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Default provident debit

i had a loan off provident and still owed £1.000 20 years ago and i want to apply to them now for a small loan . but i'm worried that the debt will still be outstanding . how long is it till a debt is written off ? can you please help me .
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