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Credit Card - statute barred/write off
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Klsmith141
Posts: 8 Forumite
I took out a credit card about 8 years ago now and was young. I was in work and only had about £300 on it. I was paying the minimum payments, which now I'm older, realise this wasn't doing much, only clearing the interest mainly. I was then out of work due to ill health and then claimed jsa for a few months. I had called my credit card company and informed them of everything and asked if they could freeze my interest for a little while just until I was better and got a job. They said no, and continued to put the interest plus late payment charges on my account even though I had told them I wasn't earning only on jsa which the government stated at that time that jsa was not intended to pay off debts only to live on which I was doing.
Needless to say a couple of years ago the original £300 ish debt was then approximately just over £800. God knows what it is today. But my partner owns our house and has recently added me to the council tax and must have added my maiden name as well as my married name. I am divorced and go by my married name now. But this is the second time I have been registered in this country in my married name as living at an address in the space of 4 years (long story to do with being married to an American United States Air Force personnel and living in the us since opening the credit card before marriage and in my maiden name).
I am in no position to pay off this full amount so my question is this, because I have not been in contact with the debt collection agencies and haven't paid in at least 6 years ish what is the current status of the debt?
Needless to say a couple of years ago the original £300 ish debt was then approximately just over £800. God knows what it is today. But my partner owns our house and has recently added me to the council tax and must have added my maiden name as well as my married name. I am divorced and go by my married name now. But this is the second time I have been registered in this country in my married name as living at an address in the space of 4 years (long story to do with being married to an American United States Air Force personnel and living in the us since opening the credit card before marriage and in my maiden name).
I am in no position to pay off this full amount so my question is this, because I have not been in contact with the debt collection agencies and haven't paid in at least 6 years ish what is the current status of the debt?
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Comments
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No longer legally enforceable.
However, the debt still exists and you still owe the full amount.0 -
So if its no longer legally enforcible what does this mean in laymens terms?
I had a letter arrive this morning on my maiden name. Could I in theory send it back to sender with not at this address on the envelope until such time as I am financially able to deal with this?0 -
Klsmith141 wrote: »So if its no longer legally enforcible what does this mean in laymens terms?
Simply put: it means they can't take you to court and get a judgment against you. Without a judgment, they can't seek further enforcement measures such as a charge against property, attachment to earnings etc.Klsmith141 wrote: »I had a letter arrive this morning on my maiden name. Could I in theory send it back to sender with not at this address on the envelope until such time as I am financially able to deal with this?
Well, you could do. But that seems dishonest.
If you in any way acknowledge the debt (eg by writing and say that you can't afford to pay the money back) then it becomes enforceable again.0 -
I know it seems dishonest but I can't afford it at the moment, but don't want bailiffs coming round. I thought the debt was written off after a while of no contact ?0
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No longer legally enforceable.
However, the debt still exists and you still owe the full amount.
Hi so when u say debt still exists where pls. And does it stay on your credit file or is removed at some point cheers mazSealed Pot Challenge member 1525
"Knowledge is the Power to get Debt Free":j
Truecall device, stops all the unneccesary phone calls - my sanity has been restored and the peace in the house is truely priceless!:rotfl:0 -
Why do some people have red dots and others have green dots on the left hand side at the bottom if each post!0
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Green dots are members who are logged into the forum at this particular point in time - those with the red dots (obviously) have better things to do at that moment.0
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What happens to your credit rating if you opt for the debt to be written off, and how do you go about having a debt written off?0
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Klsmith141 wrote: »how do you go about having a debt written off?
You run and hide for 6 years. Some people opt to change their names and have plastic surgery to make it more difficult for the lenders to find them.
I have one friend who became a nun and took a vow of silence for the full 6 years. I think he regrets it now though.0 -
Please see the info and further links to factsheets etc in this one: https://forums.moneysavingexpert.com/discussion/2606811Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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