query regarding 6 year statute barred

mrslawrence2003

ok so fm reading various posts, i understand that if you have rcvd no correspondance fm anyone regarding the debt on your credit history after 6 years, then you can request the debt be removed fm your history. however, what happens if your credit history shows that the company has been regularly searching your file to see if there is an up-to-date address registered for you - so for example - say your file shows that in last nov the company searched your file. does it mean that 6 years fm last nov you can request the debt be removed?

also - if they keep sending correspondance to your old address chasing you, do you start the 6 years counting fm the last date of attempted correspondance? sorry for all the most likely stupid questions but just need to be clear on this. thanks!

mrslawrence2003

anyone? at all?

rog2

I think, but I'm not sure, that they need to have been in contact with YOU personally. Perhaps File_Wizard will be along later - he certainly knows his onions.

Bambywamby

No idea - but why not request a removal when the 6 years is up from last contact you made. Its worth a try

rog2

Bambywamby wrote:

No idea - but why not request a removal when the 6 years is up from last contact you made. Its worth a try

Perhaps advise hanging on a bit, before you do that - just in case you are harrassed by a bunch of DCA thugs. Mind you, if the legal advice is sound then I would agree.

mrslawrence2003

rog2 wrote:

Perhaps advise hanging on a bit, before you do that - just in case you are harrassed by a bunch of DCA thugs. Mind you, if the legal advice is sound then I would agree.

thanks. if anyone knows anything for sure pls let me know!

mattp_3

Hi,

I think you have crossed over two different issues -

Removal of details from your credit file

Details will automatically be removed after 6 years (from the date of first registration) unless the creditor requests that it be reinstated

Enforcing the Limitations Act

Which stops the recovery of a debt via the courts if you have not been contacted within 6 years (for an unsecured debt)

Which part are you concerned about - unfortunately its very confusing!!

Regards
Matt

intreast

hi there o owed hsbc 12000 pounds its been 8 yrs now thay send me a reg letter last week i got legal advise they said it id stag barred they can send u letters but if they go to the country courts the judge might throw it out u have to say u have not spend this money it was not u thats what i done they come back to me and offered me a 3000 pounds sett the debt i said no it was not me herd nothing for a week DO NOT SAY ITS YOUR DEBT ... U KNOW NOTHING OF IT

file_wizzard

Right…twofold reply!

Credit file entry will naturally expire 6 years from the date of default of the account.

In terms of the enforceability of the debt through the courts then this will be governed by the Statute of Limitations, and the requirement is that more than 6 years must have passed from the date of last acknowledgement of the debt by the debtor, this can include things such as requesting balances, and general enquiries about account status, but not requests for information, such as the “prove it” letters issued under S.77 / 78 of the CCA, and S.7 & of the DPA.

Also sorry to ask the obvious, but you are obviously actively monitoring this debt and any attempts at recover, is it in dispute?

file_wizzard

intreast wrote:

hi there o owed hsbc 12000 pounds its been 8 yrs now thay send me a reg letter last week i got legal advise they said it id stag barred they can send u letters but if they go to the country courts the judge might throw it out u have to say u have not spend this money it was not u thats what i done they come back to me and offered me a 3000 pounds sett the debt i said no it was not me herd nothing for a week DO NOT SAY ITS YOUR DEBT ... U KNOW NOTHING OF IT

If it is over 6 years then that is correct if will now be statute barred, and will not be enforceable through the courts, they can however continue to write to you requesting payment unless you specifically request otherwise.

Try something like this if you are VERY sure it has been over 6 years..

---

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

(Your signature)

intreast

look a DCA can not look at u file they dont have the right they cant its inpossible there a private agency they can do a trace on u but any one can do that i done one on my wife there last yr when she done a bunk and they still could not trace her its not 100 p/c
do what a friend of mine done he gave all the banks a forwarding address in mexico he got in to big debt its been 10 yr now hes herd nothing there all runing around mexico in big hats and with red faces the d collectors good luck