Credit Card - statute barred/write off

happy_bunny_2

After 6 years of no payment or not acknowledging the debt in writing, it becomes statute barred. They can ask you to pay, but when you tell them no then they should leave you alone according to OFT guidelines. Can't get a CCJ.

Even if you pay or acknowledge it now, makes no odds, still statute barred.

You might be able to do a full settlement for not a lot if you do get the money, but not a lot they can do anyhow.

The account falls off your credit report 6 years after the default date. Some companies will re-add it after this, especially DCAs but you can complain to get it removed again.

Have a read on this, there is a section on statute barred debts:
http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

pauletruth

when did you stop making payments. if its more than 6 years ago then your safe if not then they can chase you. if you lived in the usa why are you getting jsa they do know you were a none resident dont they.

Hominu

chattychappy wrote: »

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.

Once a debt has become statute barred there aren't any actions the creditor can take to unbar it. Once six years without contact or acknowledgement have passed legal action to enforce the debt is still barred even if you were to make a payment or acknowledge the debt. Limitation Act, 1980, Chapter 58- 29.7

They can still contact you however, as the debt still exists, but you can refuse this debt without acknowledging it. I'm sure there will be template letters a plenty around the web to ask them to stop communicating with you unless they have evidence that the debt is not statute barred. In which case, if you are not sure, it may be better to not respond at all.

fermi

Hominu wrote: »

Once a debt has become statute barred there aren't any actions the creditor can take to unbar it. Once six years without contact or acknowledgement have passed legal action to enforce the debt is still barred even if you were to make a payment or acknowledge the debt. Limitation Act, 1980, Chapter 58- 29.7

Yep. Specifically it states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

Klsmith141

pauletruth wrote: »

when did you stop making payments. if its more than 6 years ago then your safe if not then they can chase you. if you lived in the usa why are you getting jsa they do know you were a none resident dont they.

It's was a little longer than 6 years ago, the last payment.
As for the jsa I said that was before I got married and moved to the USA