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How long can a debt be pursued?

Georgina_J
Georgina_J Posts: 7 Forumite
Part of the Furniture First Post Combo Breaker
edited 24 June 2009 at 11:15AM in Debt-free wannabe
I am aware that adverse credit records ie via Experian etc., are usually kept for 5 years but I recently read an article (now sadly mislaid), which stated that a debt cannot be pursued if it is more than 5 years old and if liability during that period has not been aknowledged via payments, correspondence etc., is this correct? Does anybody know about this? :confused:


Comments

  • Pee
    Pee Posts: 3,826 Forumite
    It's over 6 years, I think.
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    6 years in England
    Limitations Act 1980
    5 years in Scotland
    Prescription and Limitation (Scotland) Act 1973

    If not payment has been made for that period and there has been no written acknowledgement of the debt, the debt will be statute barred.

    The debt will still exist, but it cannot be enforced. This means that if a DCA were to request payment from you, you could simply state that the debt was statute barred and they would no longer be entitled to pursue you for payment, but they could pass it on to someone else. It should never go to court - if it did your defence would be that it was statute barred.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
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