Debt recovery agency - 6 year limitation

CWM

Hi First time i have ever posted in a site like this so here goes. I am seeking advice from anyone who can clarify some information for me on statue barred. My husband used to be not the greatest with money and had various debts in his past. When we got together three years ago we had to carry out a credit report for a mortgage that we got together. On his credit report there was a few old debts. Some of the debts had caught up with him and he cleared them of when they came chasing. On there is bank which his obviously had running in 2002 but defualt on 04.03.2004. He not so long ago recieved a letter stating that he had been returning mail to debt agency news to us as he never received one prior. After speaking to a debt advice co. the advice they gave was that as the date appeared to coming close to six years wait to see if we had another reply as if so close to six years the statue of limiation act would apply. The advice line also thought that even though the default date reads /4/3/2004 that the default would have probably happend sooner than the date on the credit report as it takes time to be registered as a default. I sent a statue barred letter which i got of the site and sent it so it will arrive with them 4/3/2010 but there last letter stated that they would take this to litigation if we did not reply before the 4/3/2010 i am concerned can the agency now come after him for the debt if they receive this letter 4/3/2010 , also can they try and give me bad credit rating as we have a joint bank account and mortgage for a debt his encured on his own from 6 years ago, i am also worried incase they try and put a ccj against the house as there is a second charge on the property and i do not wish for this to affect them. Sorry for any rambling just i am some one who likes to know all the facts as this is not an area that i am used to or want to be in.
Hope some one can help
Regards

fatbelly

Hi

I found some of that a bit difficult to follow but I think you're saying that your husband had an account of some form which he walked away from some time in 2002 and the bank registered a default on 4/3/2004.

He has not acknowledged the debt by payment or in writing since some time in 2002.

You have sent a letter to the collection agency collecting this debt to assert that the debt is statute barred.

That sounds reasonable if you live in England/Wales and this is a loan or credit card.

Many DCAs respond by making up a date, say some time in 2005, when he made a payment. You would ask them to prove it.

If they want to take court action then you have your defence.

If any of my asumptions are wrong, post again.

CWM

Hi there thank you for getting to grips with my message really appreciate the reply. Well lets hope that is the case as today is the day that the 6 years ends with the default date. I will await to see if we get a response. Sorry to pick your brains any further did you know whether these companys can enforced my rating to be affected by his bad credit rating or even pursue myself for this debt as we now have joint accounts.

Thanks again

never-in-doubt

No, it can only go against your partner. Unless it was a joint account in question, however similarly it would also be statute barred and also the default would drop off, things would be identical.

Basically from what you've said, there is no debt to now answer and there will be no entry on the credit file - if so then you can have it removed easily enough. The only thing to watch out for is that they never went for a CCJ a week before the statute date in 2008!

Have you both ordered and seen your credit files? If not, hold fire about 3 weeks and let the default drop off and then order the files and see what is there!

CWM

Thank you for all you replies sorry can i just clarify when you replied you said be careful that the agency does not apply for a ccj in 2008 do they tend to do this then apply a couple of years prior??? sorry if i sound confused.
Regards

fatbelly

NID is suggesting that you apply for a copy of your credit file in a few weeks time.

If you're smart you can get Experian/Equifax to pay you for doing this.

http://www.moneysavingexpert.com/loans/credit-rating-credit-score#check

You will then be able to see:
(1) if you have any ccjs against you
(2) that the default has dropped off the file

CWM

Hi there, can you explain to me can an agency apply for a ccj against you without informing us that this has been applied for ???

Annisele

CWM wrote: »

Hi there, can you explain to me can an agency apply for a ccj against you without informing us that this has been applied for ???

Yes, they can.

They do have to inform the debtor - by serving notice on them - but if the lender doesn't actually know where the debtor lives that doesn't prevent them from serving notice. They can just serve on the debtors' last known address, and then the debtor ends up getting a CCJ that he doesn't know about.

MrsTinks

Like Annisele says then yes he could certainly have a CCJ registered against him for this or other debts. Especially if he's moved in the time between when he last paid or made a written admission of the debt till when the 6 year limit was up - and he didn't tell his creditors.

If you need to find out if there are any CCJs registered and you don't know where they might have been registered you can search here:

　

www.registry-trust.org.uk or by sending a request form or a letter to the Registrar:
Registry Trust Ltd173 - 175 Cleveland StreetLondon W1T 6QR
Or you can phone them on 020 7380 0133.

CWM

Thank you all for you very useful advice, The last letter he received from the debt agency said that if he did not reply before the 4/3/2010 then the case would go to litigation as we made sure the letter was signed for and would arrived there for the 4/3/2010 does this mean then they will be out the 6 year limit as i found on old credit report of his yesterday and the default date for this date on the old report was 03/03/2004??

CWM

hypothetically if he never had sent the statue barred letter though and never made an enquiry how does the ccj find him does the court do a mail out to all know address or certainly the most recent and previous on his creidt file??