Old debts

EstellaK

Is it possible to contact a company regarding an old debt- I had honestly forgotten about it and have never been contacted about it and offer to pay them an amount to get it cleared.
ie- my credit file is showing a debt for £900. If I offered them £450, would they accept this seeing as they have not even tried to get it back???

thanks
Stella

OberonSH

As far as I know they don't have to accept any less than the original amount - if they do then it's a gesture of goodwill on their part. You could offer it though, they can only say no.

beanielou

How long is it since you have contacted them?
I would be careful before you contact them depending on how long it is since you were in touch as it could activate things again
If there has been no contact for six years do not get in touch

EstellaK

the date of default on this one is 02/2000
They have never tried to get in touch with me.
i was in a trust deed and this is now finished so I have sent away for my credit files and can see this one on it
I dont know why it wasnt included in my trust deed but Ive checked with them and it looks as though i didnt give them the details for it

Should I just leave it? Does the information drop off after 6 years even if you havent paid it???

thanks
Stella

stebiz

beanielou wrote:

How long is it since you have contacted them?
I would be careful before you contact them depending on how long it is since you were in touch as it could activate things again
If there has been no contact for six years do not get in touch

I agree here. If it is or if it gets to 6 years and no contact then it will become statute barred and although you will still owe the debt forever there will be no record on your credit file and they can't pursue you through the courts. So in effect it is wiped off. A nice bit of money saving :T

Regards
Stebiz

stebiz

Hi Stella,

I was just typing as you were - if it was registed in FEB 2000 then you should write to the credit reference agency concerned asking for it to be removed. The 6 years are over. So it should be clear.

The credit company can't register another default against you for the same debt but they could try a CCJ and start the 6 year process off again but in all honesty if it has been 6 years they will be wasting their time as the court would have a duty to throw the case out.

What was it for?? Without naming the company.

Stebiz

EstellaK

I think it might have been a store card but I dont recognise the name- I think its the company name showing rather than the shop I had the store card through if you know what I mean.
Can someone explain how the statute barred works?

CLAPTON

basically it is very simple, if there has been no contact between you and your creditor for six years, they cannot pursue the debt unless they have previously already obtained a CCJ; even then you may suceed in having the judgement set a side.

you may find this link useful as i think it explains the situation rather well

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

EstellaK

Ill read that thanks
Does that count for scotland as well??

owessomuch

I'm not sure about this 6 year thing and if it is the case then don't bother to contact them.

When me and my then OH were trying for a mortgage he had a default against his name which was not his fault, he made the mistake of contacting them and they insisted on having the money back. They did settle in the end on a lower amount. But it did seem as if they had forgot all about it until he called them so I would not bother to contact them x

EstellaK

do defaults come off six years after the date of default???