Statute barred?

lala28

A couple of old debts of mine have re-surfaced from 2006. At the time I tried to negotiate to lower the payments, but the original creditors were not willing to accept this and due to the effect the stress was having on me (pregnant and going through a messy break up at the time) I chose to ignore and figured they'd eventually take legal action. None of the creditors did - just sold the debt on to DCA's who wrote threatening letters.
I moved address about a year later, and again 2 years after this. I have now had letters from both Acktiv Kapital and Lowell Portfolio for the first time in 4 years relating to two different accounts. My question is.. on both these accounts I made my last payments approx May 2006, and never acknowledged the debt since. I should point out that I live in Scotland - so as I am aware the statute barred rule is 5 yrs? Does this mean these debts are now statute barred?
Also- I have no record of Lowells debt on my credit report at my new address (i find this slightly strange as I have linked all my old addresses) however Acktiv Kapital have attached the debt to my report and I am worried about one thing - the original default balance says £745 but the current default balance says £744! How can this be possible? I never made a £1 credit to this account after I defaulted, has the DCA or original creditor altered this? And would this still mean it is statute barred?

I have not responded to any the recent letters that the DCAs have been sending (been getting them for about 6 weeks) I know this is very irresponsible - If i was in a position to pay I would - but I am no better off than I was 5 years ago.

Can anyone offer some impartial advice on where to go from here?

Tixy

Sounds like they will be statute barred. Presumably none of your offers of repayments/installments were in the last 5years either?

If not then providing they haven't taken court action (which would be on your credit file) then they sound like they are SB. Send the scottish SB letter.
Statute barred debts and the Limitation Acts

You did live in scotland when you took the debts out as well didn't you?

lala28

yeah always lived here so you think its safe to send? the oirginal default date on my credit file wasnt until Oct 06 - does this affect the SB status?

lala28

Definitely did not make any payments after May 2006 - after I moved I never had any letters from anyone until now.

Tixy

No the default date isn't what counts - it has to be the last payment from you or the last written acknowledgment from you to them, it thats more than 5years then it would be SB.

if you send the letter then hopefully you won't hear from them again. If they did try and write and say anything about a supposed £1payment then you would deny the payment and ask them to prove the payment exists and from what account it came.