statute barred

twinnies6

hi

just wondered on the best thing to do i got a bank loan in my name for my boyfriend about 1998 for £5000 he made a couple of payments then lost his job we just had twins so could not pay the debt i tried explaining to bank but they were not much help in the end they agreed i could pay so much can't remember the exact amount we made several payments and then we moved. we never carried on with payments i know it was wrong but i was struggling trying to feed 2 children in the end i forgot about it. after living in my address just over 6 years (6 years and 2 months) i got a letter off a debt agency it did not actually say it was the bank loan which was barclays bank it was saying united utilities but i knew it was bank loan as i paid my water bill we were due to move 2 weeks later so i ignored it after moving i recieved another letter about a year later from a different debt agency this time saying bt i was with virgin for my phone line i ignored it again. i got several more letters but just ignored them. i recently moved again in april and recieved a letter from aktiv kapital this time it states that it is for barclays bank asking for payment i again ignored it and i have just recieved a new letter saying they will give me 35% discount if i pay the debt. i was wondering what the best thing to do was continue to ignore letters or do i do a statute barring as my first letter from a debt agency was just over six years i am living in england. any help is appreciated.

sharon

DarkConvict

If your confident it is statute barred, send the SB letter.

if you are less sure, use the prove it letter template and see what they reply with.

http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

twinnies6

thanks dark convict it was definately just over six years cause i moved in on halloween and recieved letter 2nd week in january and had been there just over 6 years do i send it recorded delivery

DarkConvict

If your 100% sure, send SB by recorded delivery.

if less sure, send prove it letter by recorded delivery. Prove it letter would atleast buy you some more time.

So long as there is no payment or written 'acknowledgement' it should be statute barred, unless they took out a CCJ. If they took a CCJ they would let you know.

twinnies6

been threatened in the past saying ccj's never had confirmation of 1 though, does a ccj still stand after 6 year period if it should of been statute barred

NorthernLas

If the creditor was awarded a CCJ then the debt cannot become statute barred.

billypre

Hi Northern Las. I think the point is that the CCJ was awarded AFTER the debt had become statute barred.

twinnies6

am i best to get a credit report first to see if i have any ccj's against me thanks again for your replies

billypre

Yeh, i would start from the beginning and make sure of your actual standing at this point. If you do or don't have a CCJ you then need to find out if the debt has ever been statute barred. If it has, then they can't legally take action against you. If it hasn't then as they are offering you 35% off, i would try negotiate a bit more

twinnies6

how do i find out if it was statute barred or not thanks for your help

billypre

Send off for a SAR. This costs £10, but they have to give you ALL the details they have on you including all payments and correspondence.