Help!-statute barred loan sold to someone else who has taken it to court

debbi1965

I had a personal loan more than 6 years ago with Alliance & Leicester, but moved several times since then - and got married.

It seems they have sold the debt to another company who issued court proceedings - (still more than 6 yrs after last contact with A&L).

I spoke to National Debtline, who told me to send a N245 form with an expenditure list to the court with £35 saying it was older than 6 yrs and therefore statute barred.

I have now been told I should have sent a N244 with another £75!

The court basically ignored the first form and said I had agreed to pay £25 a month which I didn't.

What should I do now??

Please can somebody advise me urgently.............

iolanthe07

If you borrowed the money, then you should pay it back, surely? Being statute barred means that the debt is unenforceable through the courts, it doesn't mean that it has been written off. You still owe it and might feel obliged to come to some sort of manageable arrangement with the creditor.

marshallka

iolanthe07 wrote: »

If you borrowed the money, then you should pay it back, surely? Being statute barred means that the debt is unenforceable through the courts, it doesn't mean that it has been written off. You still owe it and might feel obliged to come to some sort of manageable arrangement with the creditor.

Someone asked me that the other week and i said exactly the same. Surely they are not just written off are they?? I feel such a fool paying my debts if this is the case..:mad:

ThePoshCat_2

Once something is stature barred you can't enforce proceedings so the court will simply dismiss the claim if you defend it on those grounds.

Morally it may be your debt but if there's nothing they can do to enforce it, you're entitled to just ignore it.

However, I'm sure I read on another thread here that the 6 year limitation runs from the last time they tried to enforce the debt or the last payment you made, not from when you took it out, or we'd all stop paying our mortgages after 6 years. Worth checking that out.

markelock

how much is the debt for? and why did you default?

personally if I could afford to get married, I would feel somewhat obliged (what with signing an agreement, taking and then spending the money lent) to pay it back?

you don't appear from this to be even trying to pay anything back, I presume by moving you thought you could get away with it.

if the court has made a ruling that you should pay £25 a month back, then unless they have made a mistake, you will have to pay this back.