4 Year old bill

Cardew

jalexa wrote: »

IMO the answer is "yes". To counter that the creditor needs to obtain a court judgement in advance of the debt becoming statute-barred (thanks Debtfree11 for not nit-picking my slightly incorrect term:D) in which case the limitation is void.

TBH it is unthinkable that a sensible creditor would not manage the "6 year issue".

IMO the debt doesn't lapse and this extract applies:

The debt still exists and creditors are entitled to
chase payment indefinitely.

However I agree that the creditor must manage the '6 year issue' as you put it.'

Debtfree11

That's wrong as well cardew. Once statute barred a debt is legally unenforcable. Before you may bring it up, if the debt has a CCJ then the limitations act can't be used. The OP made no mention of court action, it was purely a question of time lapsed. Further, if the debtor states a debt is statute barred and they are not willing to pay then if a creditor pursues that debt further then it could amount to harrassment, and in breach of CPUTR 2008.

Trying to pick fault with my spelling, grammar, other reason to deflect that what you stated was rubbish is frankly just pathetic.

ValHaller

Cardew wrote: »

IMO the debt doesn't lapse and this extract applies:

The debt still exists and creditors are entitled to
chase payment indefinitely. '

Wrong. In Scotland, the debt is extinguished at 5 years, in England, the debt still stands but will be thrown out of court after 6 years. The subtlety AIUI is that under English law if you contract with the same supplier and pay them for the new debt without specifying what it is for they can apply it to the old debt

Mortgage debt, the limitation is 12 years and possibly other debt arising under deed.

If a CCJ is granted, the CCJ must be renewed before 6 years else the CCJ lapses