Advice needed please x statuate barred debt?

chickencurry

One more question! sorry!

So if I am not sure if it should be SB, should I ask for a SAR?
Thanks x

chickencurry

Help please! x

MrsTinks

BTW it could have fallen off because the default is older than six years but if you paid a day before it became statute barred it would still drop off your report although it wouldn't be barred... (does that make sense? ) So first point is to check your payment history - if you can check your own statements then that would be the easiest... otherwise send the modified "statute barred" letter and see what they come back with

chickencurry

MrsTine wrote: »

BTW it could have fallen off because the default is older than six years but if you paid a day before it became statute barred it would still drop off your report although it wouldn't be barred... (does that make sense? ) So first point is to check your payment history - if you can check your own statements then that would be the easiest... otherwise send the modified "statute barred" letter and see what they come back with

Hi,
I sent the modified letter as advised to these companies and they have now written back and said because of the payments I have made its not SB etc, threats etc to take legal action against me. I contacted CCCS about this as loads of helpful people on here have told me the debt is still SB and CCCS told me that as I have made payments the debts are no longer SB and if I dont pay them they can take legal action against me? Now I'm really confused?

Tixy

They key thing is whether there was definitely a 6year gap with no payments (or written acknowledgment). If there was then they are definitely statute barred. The creditor may well try to tell you different (they'll say almost anything to get you to continure to pay). It might be worth asking them for a list of all payments made (so they can prove there was not a 6year gap).

CCCS are mostly great but I think I recall they have made this mistake before with someone. Might be worth contacting national debtline for further clarification, my understanding is that they are the best clued up legally.

But there is no such thing as 'no longer statute barred', once SB always SB.

DarkConvict

As above to what Tixy says, once statute barred, always statute barred. A debt can never 'no longer be' statute barred.

i.e.

Credit taken out 17th April 2002
Payment made 26th June 2002 - (SB date - 27th June 2008)
Payment made 26th August 2002 - (SB date - 27th August 2008)
Payment made 26th October 2002 - (SB date - 27th October 2008)
Payment made 26th January 2003 - (SB date - 27th January 2009)
Payment made 26th April 2003 - (SB date - 27th April 2009)

--Imaginary SB Line -- 27th April 2009

Payment made to DCA: 3rd June 2009 (Already SB)
Payment made to DCA: 3rd July 2009 (Already SB)
Payment made to DCA: 3rd August 2009 (Already SB)
Payment made to DCA: 3rd September 2009 (Already SB)

The above debt is statute barred, once statute barred it is always statute barred.
Recent payments do not matter, once you have crossed that line.. Its done.

fatbelly

That little gem is tucked away in section 29(7b) of the Limitation Act if you need to quote it to unenlightened debt collectors:

a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

powned

I am determined to read that act one day, whether or not i understand it is another matter :wall:

fatbelly wrote: »

That little gem is tucked away in section 29(7b) of the Limitation Act if you need to quote it to unenlightened debt collectors:

timmmers

The original post says "I have been paying all my creditors regularly but have recently realised that some of these debts were statuate barred" which I understood to mean there was no gap of 6 years and they can't be SB.

You have to vanish off the face of planet earth as far as a creditor is concerned for it to be SB, anything paid or written within that period prevents it happening. IF I have a debt and don't pay or communicate for 5 years, then make one payment...back to square one for me, I'd have to go another 6 years for it to be SB from that date.

Bad advice is worse than no advice...especially when you decide to write to people based on it. I doubt they will take your writing about this well and it may spur them into doing something to force payment? I'd get it fully clear and correct before any further action on your part. Plenty of wise heads here to help if you explain clearly the exact situation especially times and dates of what you've been doing.

t

chickencurry

So, basically I have to pay them then?!