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Statute Barred

Hi Folks,

Ive been looking at debts for a family member and ive checked the credit report for him too.

Does the Statute Barred rule come from the date of last payment or the date of default.

RBS Loan :- Last payment January 04.
Default date on credit report is June 2004
Also a circle with a U scored out in saying no longer receiving
updates.

Norther ROck :- Last Payment March 06
Default Date July 06

Alliane+ Leicester Loan- Last payment 2004 Jan
Default August 04

1st Credit:- No payments
Default July 04

No written contact has been made with any of these people, so no debt acknowledgement that way.

Just confused on when they hit the statue barred date

ALso after 6 yrs from default date, do they actually full drop off the file.

Comments

  • savingmummy
    savingmummy Posts: 2,915 Forumite
    Debt-free and Proud!
    edited 19 February 2010 at 5:54PM
    The SB comes from last time you acknowledged the debt, not the default date.
    I have no advise as i`ve never been in this situation but here is a templete letter for SB debts

    http://forums.moneysavingexpert.com/showthread.html?p=26870341#post26870341
    DebtFree FEB 2010!
    Slight blip in 2013 - Debtfree Aug 2014 :j

    Savings £132/£1000.
  • RAS
    RAS Posts: 36,172 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Statute of Limitation in England and Wales states last payment or written acknowledgement (by the debtor to the creditor), unless there is a CCJ in place.

    You could check the regsitry trust for CCjs.
    If you've have not made a mistake, you've made nothing
  • laguna_1
    laguna_1 Posts: 105 Forumite
    does statute barred still count for scotland citizens or not.

    thx for quick responses folks
  • laguna_1
    laguna_1 Posts: 105 Forumite
    edited 19 February 2010 at 6:24PM
    mmm is it 5 years for scotland

    always thot it was 6 years
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Yes, 5 years in Scotland.

    The law is stronger in Scotland as well. After the 5 years the debt is "extinguished". You no longer legally owe it. A DCA/creditor trying to collect on that is acting in an unlawful fashion, not just against OFT guidelines.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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