unpaid debt

edited 30 November -1 at 1:00AM in Credit Cards
34 replies 17.5K views
hookhook Forumite
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edited 30 November -1 at 1:00AM in Credit Cards
i thought i read somewhere that if a debt has gone unpaid for 6 years then you dont have to pay it back does this mean that if a credit card company finds me after 6 years i dont have to pay them back???
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Replies

  • NickXNickX Forumite
    3K Posts
    If the debt is over 6 years old and there has been NO communication between you and the creditor, then the debt is deemed to be "statute barred" and becomes unenforceable.

    Note that it has to be 6 years, 5 years and 364 days is not long enough ;)
  • hookhook Forumite
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    i recieved a letter the other week asking if i am the person living at a certain address i didnt reply and today i received another letter saying the debt has been sold to another company but still i didnt reply. so if i just ignore these letters until 6 years have passed will i be ok
  • CLAPTONCLAPTON Forumite
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    unless they get a CCJ against you...
  • NickXNickX Forumite
    3K Posts
    hook wrote: »
    so if i just ignore these letters until 6 years have passed will i be ok

    Hmmm not quite as simple as that.

    How long to go until 6 years ?

    They can take you to court even if you do not reply to their correspondence and you will end up with CCJ's and court orders. Then you may get a visit from the bailiffs.

    If your talking only days until the 6 years then you may get away with it, otherwise I think you would be better to enter into negotiations with them.
  • normanmarknormanmark Forumite
    4.2K Posts
    It would probably be easier to pay off the debt you owe.
  • "They can take you to court even if you do not reply to their correspondence and you will end up with CCJ's and court orders. Then you may get a visit from the bailiffs."

    Can these companies do this sneakily?

    Or will the court issue papers to you?

    What if you do not have the means to pay them anything? Will they push for bankruptcy?
    Or would it be best to file for bankruptcy before they start this action?

    Final query, no communication for 6 years? If they write to you or phone you is that not communication? or do they need for you to actually reply?
  • dolally_2dolally_2 Forumite
    268 Posts
    hook wrote: »
    i recieved a letter the other week asking if i am the person living at a certain address i didnt reply and today i received another letter saying the debt has been sold to another company but still i didnt reply. so if i just ignore these letters until 6 years have passed will i be ok

    Aaaaaaaaahhhhhhhhh!!:mad::mad:

    Half the threads I have read on MSE are people trying not to pay their debts. If you spend the money you should pay it back.
    My OH and I have worked hard at paying back money we owed after mismanaging our finances as have many members of the forum.

    Reclaiming unlawful charges or pulling banks up on other genuine problems is one thing, blatant theft is quite another.

    Pay back the money you owe!
  • MABLEMABLE Forumite
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    dolally wrote: »
    Aaaaaaaaahhhhhhhhh!!:mad::mad:

    Half the threads I have read on MSE are people trying not to pay their debts. If you spend the money you should pay it back.
    My OH and I have worked hard at paying back money we owed after mismanaging our finances as have many members of the forum.

    Reclaiming unlawful charges or pulling banks up on other genuine problems is one thing, blatant theft is quite another.

    Pay back the money you owe!


    Never was a truer word said!
  • polaroidpolaroid Forumite
    264 Posts
    i must say i agree, my (crap with money, head in the sand) ex did this. he is just ignoring all letters and correspondce and despite all the threats from bayliffs and ccj's, they havnt done anything and he only has about a year left and he thinks its great. i, on the other hand think its not right, if you get into the debt you kinda have to find a way out of it,even if its just agreeing to pay £1 a month. my theory is that you dont really learn anything if you just brush it under the carpet and you have to learn to respect money. harsh but true i feel;)
    :eek: :D
    20/09 Shoulda, woulda, coulda



    dont look back and frown, look forward and smile
  • CLAPTONCLAPTON Forumite
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    "They can take you to court even if you do not reply to their correspondence and you will end up with CCJ's and court orders. Then you may get a visit from the bailiffs."

    Can these companies do this sneakily?

    Or will the court issue papers to you?

    What if you do not have the means to pay them anything? Will they push for bankruptcy?
    Or would it be best to file for bankruptcy before they start this action?

    Final query, no communication for 6 years? If they write to you or phone you is that not communication? or do they need for you to actually reply?


    The creditor can apply to the courts... the court will send details to your last known (i.e. to the creditor ) address. You can go to court to dispute the debt, the debt amount or ask for monthly payment arrangements. If you do nothing then the court will issue a CCJ.

    It's unlikely that a creditor will apply for bankruptcy unless you have assets as this will cost them money unless of course you owe money to the state.
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