6 year old debt!!

Mummy2010

Hi just trying to seek some advice - i have lots of small debts outstanding from my years as a student and slowly starting to pay them off. Only 2 of the debts were with Halifax - i contacted them approx 4 years ago for details of both to arrange repayment they informed me they only had one account outstanding!

However last week a recieved a letter from a debt collection agency seeking the ppayment of the other account - now the debt is over 6 years old and has been removed from my credit account!!

So what is the best way forward?? i have read somewhere that if i dont respond to them the debt will "cease to exist as it is over 6 years old" or do i ahve to bite the bullet and contact them to commence repayment??

Thanks
Nikki

Mummy2010

Also wondering what happens if a debt is over six years old and therefore removed from your account - if there continues to be an outstanding balance on it??

Also once a CCJ debt is cleared is that automatically cleared from an account??

fermi

If you haven't acknowledged a debt in writing or made a payment for 6 years (5 in Scotland) and there is no county court judgement (CCJ) on it, then the debt would be statute barred and legally unenforceable against you.

You mention a CCJ? Is there one?

fermi

More information in this link: https://forums.moneysavingexpert.com/discussion/2606811

carr55

Hi,

I have a debt where by the last payment I made was dated 6th April 2005 and I have made no payments since or been in contact with the DCA. The default on this account is dated 17th January 2006. I thought the last payment was 2004 so I sent a standard statute barred letter to the DCA where I did not acknowledge or accept the debt (it was a standards SB letter).

This has got me worried that I may have started the clock ticking again as I have written to the DCA with a statute barred letter and they wrote back today saying that it wasn't statute barred.

Please could someone tell me if I have started the clock ticking again or whether this debt will be statute barred as its now been exactly 6 years old, or when the debt will be come statute barred.

Many thanks
J

RAS

EXactly what did you send to the DCA, word for word?

carr55

This is the edited version of the letter I sent
Cheers


Aktiv Capital (UK) Ltd,. #####

Dear Sir,

Ref: #####


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.”

I would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged 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 myself to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation within 28 days that this matter is now closed and that the false information I have noted against my credit files have been removed. Should this not happen then I will be taking the matter further with the credit reference agencies about them processing incorrect data and complaining directly to the Information Commissioner’s Office re: the incorrect processing of data.
After this, I expect no further contact to be made concerning the above account.

I look forward to your reply.

Yours faithfully
Mr#######

Gordon_Hose

Why do they say it's not SB?

carr55

They said in the letter that the last payment was made on the 6th April 2005 and that the default was on the 17th Janaury 2006 and that because the 6 year time limit has not expired it is not statute barred?

What are your thoughts and does the 6 year period start from the last payment or the default date?

Many thanks for the help

RAS

The last payment date.

I would argue that the letter you sent DOES NOT consitutute written acknowledgement because you are disputing the debt but it is always better to whack in "I do not acknowledge any debt to your company" as a fail safe.

carr55

So as of today would it be statute barred as the last payment was made exactly 6 years ago?