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statute barred

If a debt is statue barred from when do you take this from your last payment, letter communication or default?

Comments

  • StuTheDon
    StuTheDon Posts: 318 Forumite
    I believe it is when you last acknowledged the debt but may be wrong. So this could be anything from when you last made a payment, to when you last referred to it in a letter.

    Be aware however that the lender takes you to court ad obtains a CCJ it will not be barred. Additionally, despite the debt possibly being unenforceable, it does not mean the debt is written off. A reference will be made on your credit file and you will find mainstream credit almost impossible to obtain.
  • king100
    king100 Posts: 1,565 Forumite
    If a debt is statue barred from when do you take this from your last payment, letter communication or default?

    Its is from date of last payment on account or if you have ever written and said

    "This is my debt"

    If they have a CCJ and that has gone over 6 years then they need to reapply to court and explain to judge why they havent followed it up within 6 years.

    Talking to them on the phone, not recommended, does not constitute acknowledgement of dedbt.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

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  • Well I am acting for my friend and some of the letters he is getting for debts are from what we have been told for statu barred debts they are not as can be seen today showing up on his credit file are, all he has showing are 8 defaults most coming up to 6 years so will they fall off his file? and one cj he is paying which is 4 years old , so I assume once the cj is paid and gets to 6 years then his file will be clean?? yes or no??
  • Tixy
    Tixy Posts: 31,455 Forumite
    Once the defaults are 6years old then they will drop off his file.

    Debts could be statute barred before or after that date (depending on whether he paid ever paid them after the account was defaulted - or wrote to them).

    Once a CCJ is paid it will be shown as satisfied but it will still show and will still make getting credit very difficult until it is removed (6years after the judgement date)
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • To be honest I doubt he will do credit again like many on here I am sure , however I think he will be happy his file will be clean in a few years
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