a debt from 6 years ago

nadine9uk

Hi All

A debt company has been in touch with my partner about a debt from his first flat which was over 6 years ago.

Should this debt be squashed due to the length of time? If so what should he do??

Any response appreciated

Rafter

If no attempt has been made to contact them for over six years then yes - it should be time bared by the statute of limitations.

As long as you can confirm the dates you should write to the debt company confirming this fact.

R.

fermi

More explanation and links to info and letters.

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

petermb_2

It depends on the debt. If it is an unsecured loan then 6 years is the time limit and if there has been no communication or payments made in that period the debt will be time barred and is unenforceable.

If the debt is a shortfall claim from a repossessed property the lender has 12 years before it is time barred.

fermi

I missed the bit about the flat.

If it is due to a shortfall from the property, then as said it is a bit different.

Read: Mortgage shortfalls