Statute barred debts and the Limitation Acts

sourcrates

Mirok wrote: »

Hello "sourcrates" and Dennis. Thank you for your interest and reply. As you mentioned European Enforcement Order I made research and find out that Czech Republic entered in this European statute and recognise this order since 21.1. 2005. And my persons case (and court desition) is made before 2005. I do assume it mean that any international enforcement will be ilegal.
Any thought will be welcomed.
Regards
Miroslav

Hi,
As Dennis says above, if they haven't traced you, and it's been ten years, it's unlikely this will surface to bother you again.

I would forget about it, unless you get a letter regarding it.

Jbrem194

Hi.

In 2009 i signed up for a home course with a company called Advent, my sister acted as a guarantor for me since they said that they would find me employment within the year but some months after i started the company went bankrupt.

On 22nd February 2010 my sister recieved an arrears noticed letter from Barclays(The bank Advent used for the Student loans) and on 23rd July 2010 the arrears had been handed over to a Mervers debt collection limited, since i felt checked by this whole deal we decided that we weren't going to pay anything and the replacment company they had found was said to be much worse.

Since then the debt has passed to i think 2 other companys and earlier this year my sister reminded me of this whole thing and since i had heard of Statute Barred i went to check up the details of it which lead me here and since we live in Scotland the 5 year should of been up so i sent my sister a link to the letter on the first page which she sent to the company that presently has the debt, they have since replied saying that the account was terminated in December 2011(I haven't seen the reply letter yet so i'm not sure what they mean by that) and that it doesn't go Statute Barred til christmas next year which doesn't make much sense to me so i'm looking for advice to this matter and whether that with my sister sending them that letter whether the debt has been acknoledged or what to do now.

Regards

215HAN

Hi,

I have been reading very carefully but still wanted to clarify if the company whom the debt is owed to are advising that a payment plan was setup but it is now more than 6 years ago, is the debt still statute barred as no payment has been made whatsoever and what will be a suitable letter to send out of the examples on page 1?

Thanks again

sourcrates

215HAN wrote: »

Hi,

I have been reading very carefully but still wanted to clarify if the company whom the debt is owed to are advising that a payment plan was setup but it is now more than 6 years ago, is the debt still statute barred as no payment has been made whatsoever and what will be a suitable letter to send out of the examples on page 1?

Thanks again

Hi,
Six years or more without written contact or payment, and the debt would be SB.
Template letter here :

http://moneyaware.co.uk/wp-content/uploads/Statute-barred-template-letter1.pdf

skintandsad

Quick question please...

Joint debt with hubby. I have personally not paid anything since June 2010 due to financial circumstances. I wrote for a CCA at that time and stopped payment.

However, hubby continued to pay on an arrangement from his account (2010-2013) as he was worried about it. He later went bankrupt (2 years ago).

Now the DCA is chasing me, as hubby is no longer liable.

When will it become SB? Is it from when hubby last paid, or, as it is now in my name only, from when I last paid?

Thanks for any input

sourcrates

skintandsad wrote: »

Quick question please...

Joint debt with hubby. I have personally not paid anything since June 2010 due to financial circumstances. I wrote for a CCA at that time and stopped payment.

However, hubby continued to pay on an arrangement from his account (2010-2013) as he was worried about it. He later went bankrupt (2 years ago).

Now the DCA is chasing me, as hubby is no longer liable.

When will it become SB? Is it from when hubby last paid, or, as it is now in my name only, from when I last paid?

Thanks for any input

Hi,
From when hubby last paid, or more precisely the point the creditor could take legal action against you, the "cause of action", that would be a few months later, so won't be SB I'm afraid.
You could make a formal CCA request now, that would occupy them for a while, and there's a chance they won't be able to produce paperwork.

fatbelly

skintandsad wrote: »

Quick question please...

Joint debt with hubby. I have personally not paid anything since June 2010 due to financial circumstances. I wrote for a CCA at that time and stopped payment.

However, hubby continued to pay on an arrangement from his account (2010-2013) as he was worried about it. He later went bankrupt (2 years ago).

Now the DCA is chasing me, as hubby is no longer liable.

When will it become SB? Is it from when hubby last paid, or, as it is now in my name only, from when I last paid?

Thanks for any input

The Limitation Act is slightly complicated here but nicely summarised by National Debtline in their factsheet:

If you think your joint debt might be statute- barred, you need to check if the other person has made any payments. If they have made a payment within the limitation period, this means the time limit restarts again for both of you.

If the other person has not made any payments, but has admitted to the creditor that they owe the debt, the time limit will only restart for them and not for you.

fermi

http://www.legislation.gov.uk/ukpga/1980/58

6) An acknowledgment of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person.

(7) A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect of the debt or claim.

skintandsad

Thank you so much, all, it's all very clear now

215HAN

Thanks for the response above. Will send that letter and hopefully that is the end of this debt. Thanks again.