Avoiding Debt

angeldeelite

Hi

First time poster.

My boyfriend is in quite a bit of debt from his stint at uni - mainly a couple of bank overdrafts and a credit card. Being young and stupid he decided just to ignore the letters he got regarding repayment ( i wasnt with him at the time or he would have been told!).
It's been a few years now and he's managed to avoid the debt collecters by moving out of home and not being registered at any addresses (his parents moved house too so he's no longer registered at home.)
Last year i managed to talk him into going to see a debt advisor through the council. HE went along told them the situation and she said as he had managed to avoid them for three years already that he should hang on because banks automatically scrap debt after 5 years if they cant find you. I was stunned that was the advice he was given!
He's tried to get his credit report to find out exactly what and where he owes but as he is no longer registered living anywhere they wont send him it.

2 questions: does anybody know if this debt advisor was correct in saying it will be automatically scrapped?
How can he get hold of his credit report? he has no bank accounts, not on electoral role etc.

Thanks in advance

CLAPTON

if, after six year, there has been no contact between him and his creditors the debts become unenforceable. look up
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

assuming you are in england/wales

angeldeelite

thanks for that. sod's law tho i'm in Scotland

had a look around and i cant find any similiar acts or information for Scotland.

can anyone help with the credit report situation? if you request a credit check does that automatically give your address to your creditors? we thought about doing it to his parents new address but dont want to tip them off!

JGWT8M

angeldeelite wrote:

thanks for that. sod's law tho i'm in Scotland

had a look around and i cant find any similiar acts or information for Scotland.

can anyone help with the credit report situation? if you request a credit check does that automatically give your address to your creditors? we thought about doing it to his parents new address but dont want to tip them off!

Yes, the address will be logged, don't do it.

A freind of mine got found this way and he got into a lot of trouble because of it.

beanielou

Just to add the law is also the same in Scotland- as long as there has been no contact.
hth

saubryn

Does the debt disappear off your credit report if it is written off after the 6 years?

file_wizzard

The data pertaining to the debt will expire from the credit file 6 years from the date of default, however it is important to clarify that debts are not automatically “written off” after any given period of time.

The law you are referring is the limitations act, which in very simple terms gives the creditor or assignee 6 years from the date of default to pursue the debt through the courts.

However the creditor can use reasonable means to pursue the debt even after the 6 years and if a CCJ has been issued this is technically enforceable for ever (within reasonable time limits)

Annie_Fanny

Clapton sent you a link to National Debt Line:
http://www.nationaldebtline.co.uk/

They also have a section for Scotland. You could also try calling them for advice. 0808 808 4000 - it's free and confidential.

If you do ring them can you let us know how you get on?

Cheers

Annie

wuckfit

The time limit in Scotland is 5 years, not 6, AFAIK

angeldeelite

thanks everyone. he was told 5 years by a debt advisor but i'll get him to ring this number to double check.

only problem we have now is knowing exactly when the 5 years will be up cos he cant get hold of his report. it's just a general idea.

anyway, fingers crossed this mess will all disappear soon

file_wizzard

angeldeelite wrote:

thanks everyone. he was told 5 years by a debt advisor but i'll get him to ring this number to double check.

only problem we have now is knowing exactly when the 5 years will be up cos he cant get hold of his report. it's just a general idea.

anyway, fingers crossed this mess will all disappear soon

Sorry to shatter your illusions but it wont "disappear" until the debts are repaid, there are as discussed legal limits for how long, and in what way a debt can be perused, however the only real way of resolving this issue is to repay what is owed