Help not judgement please

emilyx78

can I ask what you mean by required 6 years?

miss_stress_2

For the debt to become statute barred? Is that not right?

Jenna

I think there is a cut-off point where a debt can become statute barred but you deserve better than having to look over your shoulder til that point. I would agree with the advice above and also add that it doesn't matter what you earn - if you can only afford £5 or even £1 a week to each creditor then that's all you can pay. But the free debt charities can help & advise you more on that subject. Make yourself a cup of tea/coffee/whatever & give them a call - what have you got to lose?

Also do bear in mind it damages your credit file to have missed payments, defaults etc and the longer you hide your post the worse it will get. It will take ANOTHER 6 years (after the debts are statute barred) for the last of the 'evidence' to drop off your report so if you will need any kind of credit in the next 8 years (contract mobile, mortgage?) it's better to face up to it now, it really is.

Keep posting, you're in the right place for some great advice and support. Also wanted to say - last but not least! - welcome to DFW :-)

Ames

You wont be able to CCA orange, as mobile phone contracts aren't covered.

Also, if you've deliberately hidden from your creditors and lied to them about you living there then it wont become statute barred.

Sorry to be the bearer of bad news, but as others have said you can face up to this. I have bipolar and was severely depressed when all the crap started with me, but I've come through it. If you've got such a low income then you'll be able to make token payments of £1 a month.

Also, stick up your SOA (there's a link here http://www.makesenseofcards.com/soacalc.html ) and people can help you more.

emilyx78

again sorry but what is statute barred? sorry but ive never heard of this before...

GeorgeUK

Emily - a debt becomes statute barred if no payments have been made towards the debt for 6 years and you have not acknowledged the debt in writing in that time - Statute of Limitations. In Scotland it is 5 years - Prescription of Limitations.

If there is a CCJ for a debt though, it does not become statute barred.

Basicaly this means that if someone has not pursued the debt and received payment for 6 years, the debt is unenforcable. It may be argued that if you have avoided the debt, then it should still be paid as the creditor was unable to pursue you for the debt in that time, but usually within 6 years of non payment, a debt has been passed to multiple DCA's and they will not be able to state when another company tried to pursue a debt or at which address.

The debt still exists and other DCA's will try to request payment in all probability, but if the debt is statute barred, then it is unenforcable and no payment need be made.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

10past6

Just to add to Geoge's excellant post

GeorgeUK wrote: »

If there is a CCJ for a debt though, it does not become statute barred

But any DCA / Creditor MUST take leave of the court to enforce the debt if 6 years have passed (5 in Scotland)

MrsTinks

As correctly pointed out - if the creditor can prove they have been pursuing the debt and you have been deliberately "hiding" or as in this case sending back letters saying you don't live there then the statute barred clause can be argued... You can't in reality hide another 2 years and hope they they go away - especially as they may argue they have done everything possible to contact you and collect the money owed.
Please contact someone like CCCS or CAB and speak to them. You will honestly feel better for facing up to it all now and if it means going bankrupt then at least it will be over and done with - no-one will be able to turn up knocking on your door for money you don't have.

emilyx78

thank you, I understand now lol !

GeorgeUK wrote: »

Emily - a debt becomes statute barred if no payments have been made towards the debt for 6 years and you have not acknowledged the debt in writing in that time - Statute of Limitations. In Scotland it is 5 years - Prescription of Limitations.

If there is a CCJ for a debt though, it does not become statute barred.

Basicaly this means that if someone has not pursued the debt and received payment for 6 years, the debt is unenforcable. It may be argued that if you have avoided the debt, then it should still be paid as the creditor was unable to pursue you for the debt in that time, but usually within 6 years of non payment, a debt has been passed to multiple DCA's and they will not be able to state when another company tried to pursue a debt or at which address.

The debt still exists and other DCA's will try to request payment in all probability, but if the debt is statute barred, then it is unenforcable and no payment need be made.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

fatbelly

MrsTine wrote: »

As correctly pointed out - if the creditor can prove they have been pursuing the debt and you have been deliberately "hiding" or as in this case sending back letters saying you don't live there then the statute barred clause can be argued...

It can be argued...and creditors will have a go at it, by phone calls and in writing. Ultimately whether this is applies in any individual case could only be decided by a court. So the creditor would have to pay the claim fees and take a risk. Case Law does not appear to be on their side.

The relevant section of the Limitation Act is

32 Postponement of limitation period in case of fraud, concealment or
mistake
(1) Subject to subsections (3) and (4A) below, where in the case of any
action for which a period of limitation is prescribed by this Act,
either--
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has
been deliberately concealed from him by the defendant;
or
(c) the action is for relief from the consequences of a
mistake;

the period of limitation shall not begin to run until the plaintiff has
discovered the fraud, concealment or mistake (as the case may be)
or could with reasonable diligence have discovered it.

The Money Advice trust say in their training under 'deliberate concealment':

'It is for claimants to prove that they could not reasonably have discovered the facts concealed by the defendant (Paragon Finance v Thakerar 1999). The mere fact that a defendant cannot be traced, with the result that the claimant does not commence proceedings, does not prevent (a cause of action from accruing and) time from running. Even where a person is deliberately hiding from a claimant the 'concealment' provisions relate only to concealment of the cause of action and not to cases where debtors conceal themselves from the claimant (Lowsley v Forbes 1999)