Statute barred debts and the Limitation Acts

fatbelly

GazNicki wrote: »

Sorry to jump in on this, but I have a few questions regarding Statute Barred debts.

Would the clock start from the date of default on an account, as outlined on a Credit Report? Is this a good way of indicating if a debt is to be Statute Barred? No and no.

I am trying to get a basic understanding of debts for now. I have access to one credit report online which updates annually, and this report shows debts and their default dates and their removal from file dates.

Is the debt removed from file 6yrs after default, or 6yrs after opening the account? If it is 6yrs after default, then this would be a good indicator if a debt is already SB or due to be SB. Am I correct? Removed 6 years after default or settlement, whichever is sooner. Nothing to do with legal status. It's just how the credit reference agencies choose to operate.

Hope that clarifies things

GazNicki

How would one know the Statute Barred Date then?

For instance, if someone was to have a debt they forgot about, check their credit report and see it, how would they know if it was SB?

fatbelly

GazNicki wrote: »

How would one know the Statute Barred Date then?

For instance, if someone was to have a debt they forgot about, check their credit report and see it, how would they know if it was SB?

You would need to check your own records of payment and correspondence. A six-year gap with no acknowledgement by payment or in writing means it's statute barred as long as (1) you're in England/Wales, (2) it's an unsecured debt, (3) court action has not already started.

e4rub

Hi
I have received a 'fishing' letter today. It does not tell me what the debt is or which company I owe. It just asks me to confirm if I lived at a previous address.
I have no idea what this could relate to but have not lived at the address it is referring to for 14 years.
My question is, Do I ignore it or do I need to send the statute barred letter?

Emily

fatbelly

e4rub wrote: »

Hi
I have received a 'fishing' letter today. It does not tell me what the debt is or which company I owe. It just asks me to confirm if I lived at a previous address.
I have no idea what this could relate to but have not lived at the address it is referring to for 14 years.
My question is, Do I ignore it or do I need to send the statute barred letter?

Emily

Don't send the statute barred letter at the moment - it might not be your debt.

Wait until they send something that alleges what you owe, and then send a prove-it.

e4rub

fatbelly wrote: »

Don't send the statute barred letter at the moment - it might not be your debt.

Wait until they send something that alleges what you owe, and then send a prove-it.

Hi, sorry, I should have said, It was addressed to me (well my maiden name)

Emily

fermi

As said, phishing letter. Probably not worth biting unless they write clearly setting out what they think you owe. May never happen.

e4rub

fermi wrote: »

As said, phishing letter. Probably not worth biting unless they write clearly setting out what they think you owe. May never happen.

Though as much my self, but just wanted to get a 2nd opinion......thanks

Emily

prestonnana

My son who has moved away has debts, there is no way he can pay and it seems the only way is to go down the statute barred route, all phone calls come to my house, I have asked, the relevant companies, via e-mail, where they have obtained my number from and to remove it from their records. (it is actually ex directory). I don't mention my son or anything, and I know he has not replied to any letters. All letters come to my house. By sending an e mail or telling these companies not to write to this address as he has gone away, am I starting the 6 years all over again? i would much rather he could settle the debts but I dont think that is a possibility. Bankruptcy is something I think he should avoid. Any advice or help please.

fermi

No. What restarts the 6 years is clearly set down in law. Acknowledgement restarting the 6 years must be actual unequivocal acknowledgement in writing by the debtor and be signed by them.

Nothing YOU can do can restart the clock on HIS debt.