Advice needed please x statuate barred debt?

velocity.girl_2

timmmers wrote: »

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

i was led to believe this too...if you have been paying them and have acknowledged them after SB this means they are no longer SB??? I hope not and you sucessfully get out of paying it due to SB.

DarkConvict

as fatbelly posted

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

Once SB, always SB.

velocity.girl_2

i must be gulliable then because i paid off my debts i had when i was with my ex hubby 9 years about 2 years ago!!! ARGH!!!!!
thanks for the reply and putting me straight!

DarkConvict

velocity.girl wrote: »

i must be gulliable then because i paid off my debts i had when i was with my ex hubby 9 years about 2 years ago!!! ARGH!!!!!
thanks for the reply and putting me straight!

No, Honourable, not Gullible !!!

In England the debt is only unenforceable, so payment is voluntary. We always say pay your debts on here. Money saving not debt avoidance.

In Scotland, it is a different matter, a debt is extinguished after 5 years and no longer exists.

chickencurry

Another letter received today following my SB letter, they are going to take me to court etc etc, grrrrr!!

fatbelly

Then send them something along the lines of 'I fully understand if you wish to test my assertions in court and look forward to receiving the court claim'

As long as you can prove SB by way of 6+ years of no acknowledgement then you have a complete defence. If they point to recent payments after the six year gap, refer them to the section I quoted earlier.