Statute Barred?

LDC_2

Hi Guys,

I have a £1800 debt that is now 7 years old. A CCJ was registered against me in respect of this debt for £550 in 2006. Will my current liability now only extend to this £550 with the remainder being statute barred?

Your help is greatly appreciated.

LDC_2

Apologies for bumping my own post like this guys - it is very rude of me. I just really need to get this sorted out this week while I have the wind in my sails. Otherwise, I will end up hiding from it like I have done in the past.

cabbage

It depends on when you last acknowledged the debt ie referred to it in a letter, made a payment etc. A telephone call doesn't count unless you refer to it in a subsequent letter. Writing to the co. to negotiate a payment etc counts.

The statute barred time limit applies from when it was last acknowledged rather than when you took it out. For example if you last made a payment in 1 Oct 2008 it will be statute barred in 01 Oct 2014 (1 Oct 2013 in Scotland).

https://www.adviceguide.org.uk says this

as the time limit for recovering the debt run out
In law, a lender has a set amount of time to take you to court for a debt. If a lender doesn’t start court action within the time limit, they usually can't force you to pay back the money. The debt is then known as statute barred.
If it's been around six years (five years in Scotland)or more since you've paid any money towards the debt or written to the lender about it, it's important to check what to do next before you contact the lender. This is because if you say the wrong thing, it may affect your right to argue that you don't owe the money.
You should check whether a debt is statute barred in the following situations:
before you contact a lender to arrange repayment of a debt
if you're taken to court for money you owe.
If the lender does get in touch with you after six years (five years in Scotland), you should not agree that you owe any money or offer to make payments until you've taken advice from a specialist debt adviser. This will help you to avoid accidently admitting you owe the money when you don't. Once you admit you owe the money, the time limit may no longer apply.
If you think it's been six years (five years in Scotland) or more since you paid any money towards your debt, you should get advice about what to do before you have any contact with the lender

LDC_2

Thanks Cabbage.

I went £100 over my £1000 student overdraft and the rest was bank charges. When I wrote to the bank requesting copy statements at the time the bank charges cases were going through court they refused to deal with me pending the resolution of the case. They did, strangely, state in their letter that there were never any charges on my account.

I have never admitted the debt. Three reasons for this: bank charges were a joke, they had discression to extend the overdaft limit going into my second year at university - had they done this I would have not been in any hardship and I never signed anything when the student account was created (the current account I had from the age of 9 was converted to a student account with an overdraft over the phone).

I have moved about a fair bit and though they keep tracing me eventually, they don't know where I live at the moment.

I would think that they still have me for the £550 CCJ but would be unable to take me back to court for the remainder as it is now more than 6 years old.

sofababe

The CCJ will still have to be paid but it does sound like the rest is statute barred though I've never come across a case like this before so I'm not 100% certain.

I myself have a CCJ for a partial debt which everyone on here also found very peculiar when I asked if anyone had come across it before. :huh:

LDC_2

Thanks Sofababe.

It is quite a strange case. Of course, DCAs have been chasing me for the full £1800 - the swines!

I will get on to a couple of debt advice services over the week and let you know what they say.

fatbelly

The question is not about whether the debt is statute barred - it is whether the creditor was entitled to interest after judgement. Info here:

Factsheet | Interest charges on a Consumer Credit Judgment