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I’m getting confused - someone help please

:confused: Could someone please clear up a few points

If it is the case that a debt becomes statute- barred after 6 years, why do any creditors allow this to happen? Why don’t they make a legal claim as a matter of course on all debts, which are nearing the 6-year mark? Is their anything that makes this difficult for them, e.g. not knowing your current address?

If a debt has become statute barred and then an offer of F/F settlement is made (Even with the rider – Without prejudice – on the letter) Does this restart the clock?

If a CCJ is issued against a person at an old address due to the person moving without informing their creditors what’s the situation?

Does the statue-barred rule still apply if
1. The creditor has been sending mail to the debtor with no reply, within the last year
2. The debtor has moved without informing the creditor

Also do all legal proceedings / judgements / defaults show up on a credit record? Or is the only way to do a search with the registry trust?

I realise that’s a lot to ask but I keep finding differing information depending on where I look

Thanks in advance

Comments

  • I anyone could just answer a couple of the above it would be greatly appreciated.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    if you haven't been in contact with the creditor for 6 years even if its because you have moved etc, then they can't pursue ordinary debts...you still owe them but they cannot be enforced.

    If its a mortgage debt then the time limit is 12 years although most mortgage providers have signed up to a coded of practice saying they will only pursue the debt for six years.

    CCj last for ever and are not limited by the 6 year rule

    CCJ and defaults stay on your credit file for six years from the date of the default or CCJ

    i can't think of any reason why you would want to make a F&F for a statute barred debt....whats your thinking here?
  • thanks for the reply CLAPTON

    As you say when the debt is statute barred the money is still owed, I would like to have a clean slate, and that would involve paying off the statute barred debts as well.

    Obviously I wouldn’t want to restart the 6 years when I had been in a position, where I could no longer be chased for the debt.
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