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Debt that defaulted in December 2002

My mum got a letter from a DCA for a catalogue debt that she defaulted on in December 2002. I have two questions. As this is the first time they have written to her does she have to pay it or is it satue barred? Also think she has rang and arranged a monthly settlement with them can she then go back and say its satue barred?

Thanks

Dee
xx
«1

Comments

  • Hi Dee, Please watch out for troll deeplyindebt.
    ignore, it has been reported!
    ...Linda xx
    It's easy to give in to that negative voice that chants "cant do it" BUT we lift each other up.
    We dont count all the runners ahead of us & feel intimidated.
    Instead we look back proudly at our journey, our personal struggle & determination & remember that there are those that never even attempt to reach the starting line.
  • *Dee*
    *Dee* Posts: 302 Forumite
    Thanks for the advice Linda

    Dee
    xx
  • I'm sure there will be others along soon to help you with your dilemma Dee, just following the !!!!!! round the forum at the mo!
    ...Linda xx
    It's easy to give in to that negative voice that chants "cant do it" BUT we lift each other up.
    We dont count all the runners ahead of us & feel intimidated.
    Instead we look back proudly at our journey, our personal struggle & determination & remember that there are those that never even attempt to reach the starting line.
  • Hi
    I think once she's made payment, she's acknowledged the debt so I don't think she will be able to do anything about it now. I'm not too up on this, so I could be wrong!

    PS - I'm not the troll - it's just copied my user name!
    Debt 30k in 2008.:eek::o Cleared all my debt in 2013 and loving being debt free :)
    Mortgage free since 2014 :)
  • *Dee*
    *Dee* Posts: 302 Forumite
    As far as im aware she hasnt made any payment yet just arranged a payment plan with them.

    Dee

    xx
  • hi dee....a debt is only statute barred if no acknowledgement/payment has been made for 6 years...therefore, as the default was december 2002 they have managed to get you a couple of months before this applies....sorry to be the bearer of bad news:o

    hope everything works out okay, good luck
  • skylight
    skylight Posts: 10,720 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    She has contacted them so the statute barred cannot work now - even though no payments have been made.

    However, a CCA might..... There is a long thread here about it. Basically if there is no signed consumer credit agreement then the debt is not enforceable. Its slightly different to usual credit (like cards etc) so check out the huge thread and have a look at the advice there.
  • *Dee*
    *Dee* Posts: 302 Forumite
    Thanks for all your help, she does want to pay it but i had thought it was staue barred after 5 years, never mind. I will have a read about the CCA as it was a catalogue im not sure if she signed one or not.

    You guys are great giving everyone so much help without judging them.

    Dee
    xx
  • Dee,

    Are you based in Scotland, as I think (but could be wrong, hopefully someone else will be able to say) that it is 5 years.

    Michael
  • *Dee*
    *Dee* Posts: 302 Forumite
    No we are based in London. I have found the CCA thread so will read through that.

    Dee
    xx
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