Statute barred help please?!

plymouthscubagirl

Hello

I'll try and keep this very simple, although I do get myself muddled quite easily!

9 years ago I did a very stupid thing of leaving my credit card debt behind and went off travelling for 2 years. The intention was that I didn't plan on ever coming back so I wasn't thinking ahead at all. Anyway I did come back and enrolled at University. Completed my degree and now I have been working for about 4 years since. The credit cards (each were less than £3k) are still trying to recover the money at various different addresses. Last year I bought a house for my sister as she couldn't afford one, as she will be in a position to buy it off of me in 2 years time. Now they have caught up there. I think its only 2 cards that are actually chasing now although they have added lots of interest (more than the outstanding balance). Now I don't really have any qualms about paying it back as I have quite rightly spent it, but I cannot afford to do it just yet as I am following the whole DFW/SOA thing right now for a couple of loans I stupidly took out to help decorate an ex's house. I've done the whole SOA thing and don't have much spare cash to throw at this just yet.

Now I have heard people mention a term called 'statute barred' and wondered if it only applied if they haven't made contact in the 6/8 years or me not making contact. I have never been in or made contact with them but a couple are still pursuing, albeit it has been sold off to a debt collection agency.

I'm just unsure as to how to play it from here, as I can't afford to pay anything back until my debt free date of Aug 08.

Thanks in advance x

plymouthscubagirl

Sorry - does anyone have any ideas?

Uniscots97

Not quite sure myself, I'd probably suggest talking to the Citizen's Advice they should be able to help you.

Bewitched2761

I thought after a set period of time debts were written off? you need one of the brainboxes on here i think, can you not pay a token sum until your debt free date? send them your soa and offer them something which shows your not running away from your debt but are unable to clear it at the moment? just a thought

FatJock

Hello,

I could be wrong but from recent posts it would appear that a debt becomes statute barred if no contact is made for a period of 6 years. This means no contact whatsoever. Have you contacted these people either by telephone or by letter?

I would post further details if you can. I would also not make any payments or acknowledge any debt or enter into contact (or duscussions) just yet until you are sure where you stand.

Hope this is helpful.

regards,
FatJock

rsykes2000

Just curious - you "bought a house for your sister" last year but didn't want to pay off your debt which I assume you could have done at the time instead of buying the house ? I am fully in favour of helping family, but facing up to your responsibilities with regard to debt is also important. How come you are doing a debt management plan now but you could afford to buy a house for someone else last year ?

Sloppy_Saver

I only came in here because as I was scrolling through the topics, I thought I saw (out of the corner of my eye), one submitted by "Promiscuousgirl".

Imagine my disappointment...

bestyman

Hi,
This thread has all the help you need .

http://forums.moneysavingexpert.com/showthread.html?t=89287


File wizards post on #12 explains it well.
Also info on https://www.nationaldebtline.co.uk
HTH

debtmonster

Hi,

Don't think statute barred will apply in your case.

It is correct that once six years has passed without contact from them, then the debt is regarded as statute barred, but from reading your post it appears that the credit card companies have been in contact with you throughout the period.

Just because you haven't made contact doesn't mean that you can use "statute barred" as a reason not to pay them.

Stand to be corrected on this but that is my reading of your situation.

fatbelly

Hi debtmonster!

This is me correcting you!

The OP appears to have not acknowledged the debts for more than a six-year period (not made a payment, not sent them a letter or other written communication inferring that she has a debt with them)

Unless they got a court judgement on either of them, the Limitations Act 1980 applies. The debts are statute barred

This is a better link to the National debtline factsheet.

There's a useful standard letter in it.

Best wishes.

plymouthscubagirl

Thanks everyone for your help and thanks FatJock for the fact sheet. Yes I haven't made any contact whatsoever, not by phone/email or letter. Do you think this would apply in the case of the fact that a debt company has bought this debt out. Will that mean that it will be 6 years from the date that they bought it or the original date?

Rykes2000 I'm not on an official debt management plan. Just one through this site after posting my SOA etc and working out a budget. Yes I could afford to buy the house for my sister as it only required my 'earning' figure to secure it for her. She has paid all fees etc and covers the rent to the penny so it is in effect her house. She can afford to buy me out in 1.5 years.

Thanks again fo all your help. x