Statute barred or not?

meds12_2

Hi guys,
Just need some advice as I am getting conflicting advice on the internet. My 1 old debt has finally located me, via a collections agency, however I am unsure if this is statute barred or not, given the time frame.

Last payment made September 04, so 6 years from that date would render the debt statute barred. However, I have been reading about a "default date" which may be up to 6 months past the last payment date, meaning I could be taken to court as the letter threatens. Can anyone tell me if this is accurate?

Many thanks

meds12_2

It was a mobile phone contract, if that makes any difference. And no, I haven't acknowledged the debt or made any payment since September 04.

Thanks in advance for any replies

sofababe

meds12 wrote: »

It was a mobile phone contract, if that makes any difference. And no, I haven't acknowledged the debt or made any payment since September 04.

Thanks in advance for any replies

For a debt to be SB it must be 6 years since a payment or written acknowledgement from you. So this debt IS statute barred.

Have you looked at your credit file to see if there is a default relating to this debt?

Mimi_Arc_en_ciel

I thought mobile phone debts was different? (apologies if im wrong) sure someone will be along and help soon

sofababe

I did have a quick check before I replied and as far as I can see, although mobile contracts aren't covered by the CCA 1974 they are still covered by the Limitation Act, so will still become SB after 6 years.

If anyone knows different, please correct me, or if I'm right could someone confirm to put OP's mind at rest?

Mimi_Arc_en_ciel

Ah that might be where i am thinking that they are different. Sorry OP! Didnt mean to panic you x

meds12_2

Hi
Thank you both for your replies! I thought so, but thought I'd better check. Nothing has ever been put on my credit file relating to this debt - luckily for me.

The letter I had was from Fredrickson - should I just bin it then?

Thank you my lovelies!:j

sofababe

meds12 wrote: »

Hi
Thank you both for your replies! I thought so, but thought I'd better check. Nothing has ever been put on my credit file relating to this debt - luckily for me.

The letter I had was from Fredrickson - should I just bin it then?

Thank you my lovelies!:j

Have a look here at Fermi's helpful post, it contains the letter you need to send to Fredrickson's.
https://forums.moneysavingexpert.com/discussion/2606811