Bankrupsy or DRO

s0mewhitedude

Hi there, i am being chased for 2 large debts at the moment from when i was married, and several smaller ones which i could pay off if the larger ones did not exist.

My question is that i believe the 2 large debts to be statute barred, but i am unsure how to prove this.
I have joined experian credit reporting, and they showing the debts to have been taken out in 2003, but it is saying the default date was 2007.

I have spoken to national debt line and they have told me not to rely to much on the default dates on the website, as mostly these are incorrect.

How can i find out for sure if the debts are statute barred, without admitting they are my debts and starting the entire 6 year cycle off again.

I have thought about taking my chances and sending them they "Prove it " letter. But sending this would it also admit liability of the debt and the 6 years starts again.

I am so confused by all of this at the moment and am unsure which was to turn right now.

Any help would be greatly appreciated.

Many thanks in advance:)

rizla_king

The prove it letter does not admit liability? https://forums.moneysavingexpert.com/discussion/2607247

s0mewhitedude

I believe though that the 2 main debts are statute barred?? So do i sent a Statute barred letter and hope that they are or send the "Prove it " letter instead??

rizla_king

Unless they actually start court action, no point rocking the boat? Longer it goes the more likely it'll be statute barred. If you don't have your own records that tell you when you last paid then not really any way of safely finding out.

s0mewhitedude

Thanks for that... No one has started any court action, but i am receiving letters from Lowells solicitors now saying they may be forced to apply for a CCJ on the 18th November. How likely it is that they will go ahead i do not know.

Ok, good idea. i wont rock the boat just yet.

How about the smaller debts that i know are statute barred like an old mobile bill that they have been chasing me for about 15 years now. Do i still send them the statute barred letters to get rid of them ones.

Biggest trouble is it is the same company "Lowell" that are chasing me for all the debts, so iam guessing if i send 1 letter to them then they will pick up on the other debts and start bombarding me with letters. ??

sourcrates

s0mewhitedude wrote: »

Biggest trouble is it is the same company "Lowell" that are chasing me for all the debts, so iam guessing if i send 1 letter to them then they will pick up on the other debts and start bombarding me with letters. ??

No, they are not that clever, only quote the ref no from the accounts you want to discuss, write to them with the SB letter, it may or may not stop them or another DCA writing to you, but if its been 15 yrs you can safely ignore future letters, as they cant get a court judgement against you, they will get tired eventually.

sithemadmonkey

s0mewhitedude, have you made any payments to the large debts in the last 6 years? You say that you would be able to pay off the small debts were it not for the 2 large ones, which suggests you're making payments towards them. If that's the case then they won't be statute barred.