please help!

donna-c-86

im writing on a money forum because i have perfect credit history!

Tixy

Was there a period of 6years when there was no payment prior to him then starting up payments again - it sounds like there was, and if so its still statute barred. There is a template you can send specific to this situation - http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

donna-c-86

yes nothing was paid for something like 11 years, thank you so much for taking the time to reply and for the link!

nomoneytoday

Surely he can't use the Statute barred procedure as he acknowledged the debt when making payments?
Besides, he has admitted to spending it, so should pay it back IMHO

Tixy

nomoneytoday wrote: »

Surely he can't use the Statute barred procedure as he acknowledged the debt when making payments?
Besides, he has admitted to spending it, so should pay it back IMHO

Under the limitation act legally its statute barred. Once a debt becomes statute barred it stays that way permanently, nothing a debtor does after its become statute barred will change that.

You might also say the creditor should (could) have decided to take court action before it became statute barred if they wanted to still be able to collect the debt.

donna-c-86

theres no mention of a ccj or anything on his credit report does that mean we should be good to go?

i dont agree with what he did either nomoneytoday but this was 12 years ago we have 2 children and many new bills since then so if he doesnt have to pay it back then he wont be, thats for sure!

thanks again tixy

ILW

donna-c-86 wrote: »

theres no mention of a ccj or anything on his credit report does that mean we should be good to go?

i dont agree with what he did either nomoneytoday but this was 12 years ago we have 2 children and many new bills since then so if he doesnt have to pay it back then he wont be, thats for sure!

thanks again tixy

Are you going to tell your children that running up debts and not repaying them is the way to go?

donna-c-86

yeah course i am, thanks for the advice!

ILW

donna-c-86 wrote: »

yeah course i am, thanks for the advice!

Glad to be of help.

vax2002

These are shark companies that buy old credit files, they are auctioned off and then they try to scare you to death in to paying, you wont get your money back as they are sharks, nor will the money you pay pay off the debt from your credit record.
Example Mr Fish owed 11 K on a abc credit card 9 years ago
Dodgy + thug Ltd buy the credit debt for £500 from ABC
Dodgy And Thug then try to extort as much money as they can from Mr Fish by scaring the life out of them.
Dodgy and Thug have a legal right to buy the red credit file and "ask" mr Fish to re-pay the Debt, ABC credit have got £500 back, they are happy and the matter is closed for them.
Mr Fish has no legal duty to pay Dodgy and Thug as his debt is statute barred, however he gets frightened and pays the £100 a week.
Is this Legal < yes you can give your money away to who ever you chose, its your money
Q. Will it clear my debt with the credit card company .
A. No it is a closed File
Q. what if I ignore the collection company
A. they will get annoyed harras you trying to get a bite out of you, if they fail, they will eventually move on to the next victim.
Q. will they take me to court.
A. no they would do that first if they could and use a bailiff to sell your goods, the threats are empty, if they could sue you they would do it immediately and not tell you about it until you got court papers, it would make getting the money a formality instead of a begging process .
Q. but I have already started payments for a barred debt
A. MUG, stop and ignore them, put it down in your Stupid things I have done list.

donna-c-86

thanks for ur reply