Is my debt unenforcable/statute barred?

Coronerandsills

Hi. My situation is very similar. It's 6 years old with no payment made. Alliance and lister but they have now sold the dept? Can they apply for a ccj or default? And can they peruse the dept as they are a fresh company?

Thanks.

Buzby

No to the first - and they or their successors are entitled to pursue you for their money for as long as it takes. Brings 'unenforceable' only means one thing - COURT enforcement.

Pester power works for these firms, especially when the debt is genuinely owed.

jacobtheamish

Coronerandsills wrote: »

Hi. My situation is very similar. It's 6 years old with no payment made. Alliance and lister but they have now sold the dept? Can they apply for a ccj NO or default NO? And can they peruse the dept as they are a fresh company?

Thanks.

I would also suggest starting a new thread rather than re-igniting one from a year ago

heartbreak_star

ARGH! It's "debt" not "dept".

Sorry, pet hate.

HBS x

spacey2012

Yes they can apply for a CCJ.
If the debt is barred unless you put in a court defence of statute barred they will obtain a CCJ.
Any undefended CCJ is automatically granted without even been read.

fermi

If 6 years since payment or acknowledgement in writing then it may be statute barred, which if the case would be a defence against any court action they might try.

See this link: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

If you are not sure whether it is statute barred or not, then give National Debtline a call on freephone 0808 808 4000 and talk it through with a debt advisor.

If statute barred, once you tell them that then they are obliged to stop pressurising you for payment.

They should also not be adding new defaults for a debt that old, so if they do you have cause to complain and have them removed.

Anthorn

Carrying on from the info in the old thread combined with this one:

Once defaulted the original agreement at the default date and the default date itself stands no matter whether the debt is sold. If it's been more than 6 years since the default date the debt should be off the CRAs.

Statute barred only applies if the debt has not been admitted in writing nor any payment made nor a court judgement obtained in the last 6 years. Since as I understand it there have been payments made then statute barred does not apply.

fermi

What old thread? They only have one post.

The one it was moved from is a different poster and situation.

The OP simply states:

It's 6 years old with no payment made.

FredWhispers

Need more detail. Has it been acknowledged in writing? Is there already a judgment?

fatbelly

What sort of debt is it?

When did you last make a payment?