Help and advice needed

Sofedup

How do I establish 100% that it is statute barred.
I have been out of the country for 7 years so have no idea who or where any correspondence may be.

I certainly don't have any proof of anything.

I am unable to run a credit check either due to no UK address for the past few years.

Thanks again.

matttye

Sofedup wrote: »

How do I establish 100% that it is statute barred.
I have been out of the country for 7 years so have no idea who or where any correspondence may be.

I certainly don't have any proof of anything.

I am unable to run a credit check either due to no UK address for the past few years.

Thanks again.

You'd need to get bank statements from the bank(s) that you paid the account from.

You don't need to prove it is statute barred, they need to prove it isn't, so don't worry. All you need to do is ascertain that you haven't paid or acknowledged it in 6 years.

Sofedup

Ok, so far so good.
That was a joint account with my ex, that was closed in January 2007.
So the fact that the account was closed should be a good start. Obviously no payments could be made. I left the country soon after.

Should I then send a prove it letter, or just ignore it?

In regards to a CCJ, if that happened, would it really matter? I will only be in this country for about a year, before I retire overseas, no desire to settle here again.
I have no intention of applying for credit here, or buying any property.

Thanks once again, you are being most helpful.

matttye

Sofedup wrote: »

Ok, so far so good.
That was a joint account with my ex, that was closed in January 2007.
So the fact that the account was closed should be a good start. Obviously no payments could be made. I left the country soon after.

Should I then send a prove it letter, or just ignore it?

In regards to a CCJ, if that happened, would it really matter? I will only be in this country for about a year, before I retire overseas, no desire to settle here again.
I have no intention of applying for credit here, or buying any property.

Thanks once again, you are being most helpful.

It depends where you're retiring.

Read: Consumer Action Group - Can I be sued for an overseas debt?

If the account you paid from has been closed for 7 years and you didn't provide the creditor with any other account details then the debt must be statute barred. If you ignore it they'll keep coming after you, but if you send a statute barred letter that will either end the matter or they will try to convince you that it's not statute barred with some bull-poop reasoning.

Personally I would send a statute barred letter.

Sofedup

It depends where you're retiring.

Read: Consumer Action Group - Can I be sued for an overseas debt?

The country is not listed in the link provided.:D


I think I will do as you suggest and send the SB'd letter off.

I expect this to be a red rag to a bull, is that usually the case?

Thanks

matttye

Sofedup wrote: »

The country is not listed in the link provided.:D


I think I will do as you suggest and send the SB'd letter off.

I expect this to be a red rag to a bull, is that usually the case?

Thanks

They usually come up with some pretty shoddy reasoning why it's not SB but it's usually rubbish.

Think about it, if you're saying "I'm not paying this, it's statute barred." If it wasn't statute barred they'd take you to court. There's no point in trying to convince you unless it actually IS statute barred and they can't enforce it in court.

My understanding though is that the company could pursue you in the country you're moving to if they exist in that country, or they can sell the debt on to someone in that country. I think the laws of the country you're moving to would then apply.

Sofedup

Thank you for all your help matttye.

I will send the SB'd letter off in the next few days.

What sort of time period do these things usually take, as I will be leaving the country again shortly for a few months.

I am just wondering what will happen, if I am not here to deal with anything.

Or do you think it would be better lo leave it until I return?.
Surely they can't do anything whilst I am not contactable.

matttye

Sofedup wrote: »

Thank you for all your help matttye.

I will send the SB'd letter off in the next few days.

What sort of time period do these things usually take, as I will be leaving the country again shortly for a few months.

I am just wondering what will happen, if I am not here to deal with anything.

Or do you think it would be better lo leave it until I return?.
Surely they can't do anything whilst I am not contactable.

They can serve court papers on your last known address and if you don't respond you'll get a judgment in default. You could have this set aside when you return to the country though.

It's hard to say how long they'd take to respond - if they respond at all.

Sofedup

Thanks once again matttye, you have been most helpful.:D

I have to leave the country in the next few days, so I think I will just have to let it go until I return.
If I send the SB'd letter now, and I am not here to reply, IF they dispute it, maybe that wouldn't be so good.

If they decide to try and do anything whilst I am not in the country, then as you say I can apply to have this set aside.(I guess this would be easy enough showing my passport entry and exit dates)

On the grounds that I am not in the country during any of this, would I then still be able to issue the SB'd letter upon return?
Or would it be better to send the SB'd letter, also stating I am out of the country, so I cannot respond to any letters, I don't want to give them a chance to pounce knowing I am not here.

I hope that makes sense. I am not trying to avoid the issue, just that I know I will have no access to any correspondence they may send whilst overseas.

Also if they decided to turn up at the property, surely they can't do anything while I am out of the UK. I would assume that any formal letters would need to be signed for by myself.

Thanks.