Statute barred but clear or not?

forgotmyname

Not sure if this is the right thread for this.

If credit card debts are statute barred, Not showing on the credit file and they never got taken to court can anything bring them back?

I was in utter shock today to be shown a bag full of debt collection letters by a family member.

Lost his job in 2005, Struggled on in 2006 until finally giving up and paid them nothing since some time late 2006.
Seems he has not really been looking for work since then because the debt collectors would hound him for the money.

Excess of £30,000 in total, Possibly much more with the late charges and interest when he failed to keep up the arrangement.

He replied back at 1st saying he was out of work and had no money to give, Had no assets.
He gave up replying after a while and just ignored them. He said one guy came to the door so he pulled out his empty pocket lining shrugged and closed the door.

So even if he paid on the last day of December 2006, The debts should all be statute barred now, yes?

Credit file is clear,. Nothing showing on it except his current account.

He asked if he should keep the reminders and debt collection letters? Probably the wrong person to ask.

I have bills from british gas and i left them around 2007 i think. BT bills for a 2nd line i had before broadband came around here. errr 2000 or 2001?

Anyway back to them. Are they in the clear? Do they need to keep the paperwork?

fatbelly

forgotmyname wrote: »

Not sure if this is the right thread for this.

If credit card debts are statute barred, Not showing on the credit file and they never got taken to court can anything bring them back?

Are they in the clear? Do they need to keep the paperwork?

You're in the right place.

Nothing legitimate can bring them back to enforceability. That doesn't mean they won't be pursued, that DCAs won't lie and misrepresent the legal position etc. They could even start a court claim. It's just that there would be a defence.

I would keep some paperwork on each debt so that there is a record of reference numbers.

You do realise that when you say

'He replied back at 1st saying he was out of work and had no money to give, Had no assets. He gave up replying after a while'

it's when he gave up replying that the statute barred clock started ticking. So to be SB now, he would have had to have given up before Oct 2007.

forgotmyname

He is pretty sure he stopped responding to them 100% in 2006. Not sure of the exact date.

But he found himself on auto-repeat. I dont have anything to give. No i cannot pay you anything, Not even £1.

I would have thought for the figures involved they would have taken him to court. But i guess they have to balance out the pittance they paid for the debt and costs when he genuinely was out of work and had zero assets.

The bag was full of letters. Is there anything in particular he should look out for and keep?

fatbelly

Default notices, in case a DCA tries to put a false default on his file

Assignment notices if a debt has been sold on (so that there is a chain of reference numbers)

forgotmyname

I will pass that on. I wouldnt have thought of false defaults.

But if the credit file doesnt show the debts i would have assumed they were gone.

Although from what i gather the debts are still there are they can ask for them still as long as they dont harass him?

Thanks

happy_bunny_2

He should tell them the debt is statute barred and he's not paying.

Under OFT guidelines, they should leave him alone. If not, complaint to the DCA.

Section in here on statute barred debt:

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

forgotmyname

OK still sorting the pile. Found a few default notices and letters of transfer of the debt etc.

But also i found a Statutory Demand from RED debt collection services.

Demand served by Lowell Portfolio I LTD

Anything to worry about? This was dated just before xmas 2007, Or was this a naughty tactic to make him think its court paperwork?

Googled Statutory Demand and it appears its something they send before actually choosing whether to take action?

happy_bunny_2

I think they used to issue them as threats back then (from what I read on here) without following through starting bankruptcy proceedings.

No expert here, but hopefully someone who is will be along soon.

sourcrates

happy_bunny wrote: »

I think they used to issue them as threats back then (from what I read on here) without following through starting bankruptcy proceedings.

No expert here, but hopefully someone who is will be along soon.

Yes that is correct, they had there knuckles rapped by the OFT for sending lots of these statutory demands out in that period using them as a "pay up or else" threat, and not following through on it, you would know if bankruptcy proceedings had been initiated so as its been 6 years since then, you can treat it as just another threat letter.

forgotmyname

Oh yes he had several from the usual suspects..

He unplugged the phone at one point because the calls didn't stop.

I know the feeling i had issues around the same time also.. But i made my creditors offers that they accepted as a full and final.

Trashed my credit file.