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Statued barred

FOURCANDLES_2
FOURCANDLES_2 Posts: 702 Forumite
Ninth Anniversary Photogenic
edited 14 September 2010 at 1:10PM in Debt-free wannabe
Please could you tell me when is a debt statued barred? what letter do you send with out making it unbarred my friend has one debt which is 8 years old NO cj last payment around 8 years ago but thinks he spoke by phone 5 years ago to one of the dca any ideas folks. He is now getting letters from different dca etc we sent out letters and they seem to have been ignored at the end of the day we have not factored in to his budget sending letters every five minutes repeating ourselves seems silly to me ? .Can you not just say take me to court if you want your money ?? me being a little straight to the point for some one else so do not want to make matters worse.
Also if he got his credit file and the debts were not on there and he had no cj and had not written any letters what are the chance these debts would be barred??

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Is he in England/Wales?

    If so then a debt will become statute barred after 6years of no payments, and assuming he does not contact them in writing to admit he owes the debt (and assuming there is no CCJ as you have mentioned).
    Speaking to a DCA on the phone does not count as acknowledgment.
    A payment after, say, 7years of not payments would not make it 'un statute barred'. Once its SB it stays SB.

    What letter did you send? a template from here?
    And is he being chased by the DCA he sent a letter to or a different one?

    If anyone continues to chase after you have sent the SB letter then send the follow up http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3 (letter 3 on that post) and if they still harrass you need to complain to OFT and trading standards.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Well it has all been like extracting teeth from my friend as I only found out about 3 other debts which are over 6 years old last night. Basically I wrote to his 6 debts saying he was in a financial situation ie NO money and offered token payment of £1 all these debts are from what I can see at least 1-2 years old and all in arrears . He then popped up with the older ones after receiving a phone call re my other post and I am at a loss as to what to do about these he said he gets a letter twice a year of them (dca)asking for money and they have been passed on a number of times last one I can see was a letter date 7years ago which he replied to debts are for around 7 k to welcome, finance and first direct bank he is adamant they never took him to court but bled him dry at the time welcome was for a car they had all the loan but not the interest and he has a letter from them saying he can get rid of the car as they did not want it , First direct letter from dca asking for money no court action welcome is debt letter from fredrikson and ericson same for Fist direct also.
  • FTW
    FTW Posts: 8,682 Forumite
    If these 3 other debts are definitely over 6 years old, then they'd be statute barred also.

    Provided your friend has made no written acknowledgment of debt, or made no payment towards these debts for a full 6 year period.

    As for the other three, what exactly are the debts for?
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    is the car a still on finance...
  • The car was on a credit agreement and the car was scrapped he has the letter from welcome saying they do not wish to have the car and he can dispose of as he sees fit.
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