query regarding 6 year statute barred

mrslawrence2003

file_wizzard wrote:

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 thing 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?

well it's not actually my debt. we obtained the credit report in may i think - we have tackled one problem debt (which for some reason didnt even show on the report) but are not in a position to tackle anything else at the mo. do i plan too? yes i do - but only when i am in a slightly more stable position.

file_wizzard

intreast wrote:

look a DCA can not look at u file they dont have the right they cant its inpossible

Afraid not, within all standard T&C's issued by creditors within the U.K the right to future searches is included within the original agreement.

There is also no legal bar on ANYONE searching credit files, the only restrictions are on the disclosure of that data to any other party which may breach the DPA.

You need to keep in mind that the CRA's are businesses like any other, and they will quite happily sell your personal data to just about anyone with enough £ notes in their hands.

intreast

file_wizzard wrote:

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)

thanks thay just go back to me offering me 2000 pounds for the debt i said it was not me its not my debt a full and final . its a laugh

intreast

in usa a debt is stg barred after 3 yrs some states tho not all

intreast

i had a debt with bos in fife i been paying them back 10 pounds month they said to me have u got 1500 to sett the debt thay said its an un/sec loan they can do much the debt is 5000 its been going on for 5 year

rog2

mrslawrence2003 wrote:

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

The answer you require is in File_Wizard's thread. You can apply to the Credit Agency to have the entry removed, although it should drop off the register adter the six years has expired.
If you request for it to be removed, and you find that you are contacted in any way by a Debt Collection Agency, then send them the letter, as advised.