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Advice needed please x statuate barred debt?

chickencurry
chickencurry Posts: 57 Forumite
in Debt-free wannabe
Hi,

I have really been trying so hard like most other people to clear my debts and start again. I have been paying all my creditors regularly but have recently realised that some of these debts were statuate barred - is there anything I can do as I have been paying them? Can I now stop? One is to Roxburghe passed on from the wonderful Welcome finance! ( personal loan) and the other is to cabot (car finance.) I will carry on paying despite not really being able to afford it if there is any chance of further action from these companies such as taking me to court?
I have never requested a CCA request, is this the way to go? :confused:
Sorry to gabble, hope this makes sense?

Thanks xx
«13

Comments

  • lilly_white
    lilly_white Posts: 2 Newbie
    well to you however imho, i would make a list, get your cca away and see what comes back

    i wish you well

    lilly
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Once a debt is statute barred it is always statute barred. If there was ever a gap of 6 (5 in scotland) were you did not acknowledge or pay towards the debt, it cannot be enforced in court. It is up to you if you wish to pay off this debt.

    If you are very sure the debt is statute barred, feel free to send of the statute barred letters to the debt collection agents. http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227 You may need to make small modification stating that you have made payments recently but it has been brought to your attention that this debt is statute barred as there wa sa gap of 6 years without payment or written acknowledgement, and as such you will no longer be making any further payments towards it.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi Chicken curry

    If the debts were statute barred in that there has been a 6year period in which you did not pay the debt or acknowledge it in writing (and providing there is no CCJ) then even though you have made payments since that 6year period they would still be statute barred.
    Once a debt has reached the 6year period (5 in Scotland) it can never become un-statute barred.
    You could write to them with the SB letter (you'll need to amend slightly for this situation) then stop paying them. You cannot actually get back any money you paid whilst it was SB as they are allowed to ask for this money and only have to stop asking you for repayments once you tell them you know its SB and that you do not intend to pay.

    If the debt is definitely SB then they cannot take you to court (or if they tried you would defend it) and a CCA request is not required for a SB case - the SB status 'trumps' any potential issues with the CCA.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Tixy
    Tixy Posts: 31,455 Forumite
    Oops DC, see you got there first! - great minds and all that - though my not so quick great mind seems to have taken at least 4mins to write my post!!
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    All good advice though, and its nice of anybody to spend time helping, no matter how long it takes.

    Restores my faith in human nature when you see such thoughtfulness and kindness.
    Annie
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Tixy wrote: »
    Oops DC, see you got there first! - great minds and all that - though my not so quick great mind seems to have taken at least 4mins to write my post!!

    I keep the reply window up for 30mins sometimes forgetting to click submit :j
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Tixy
    Tixy Posts: 31,455 Forumite
    I often open 4 or 5 tabs with different threads and then work through answering them - but sometimes forget to refresh before wading in:rolleyes:.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Tixy wrote: »
    I often open 4 or 5 tabs with different threads and then work through answering them - but sometimes forget to refresh before wading in:rolleyes:.

    Same here :) Tabbed browsing is great, the only flaw been the (x) 'close' is so close to the (+) 'new tab' :D Its deleted a few replies so far :o
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • chickencurry
    chickencurry Posts: 57 Forumite
    Thanks guys for your advice, you are so much better at it than me! Does that explain then why they are not on my credit report? Because they had 'fallen off' after the 6 year period? :beer:
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yes, if the account is not 'active' i.e. closed or defaulted. It might well have after 6 years fallen off your credit file.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
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