When is a Debt Statute Barred

nulladave

Hi All,

I've been reading some really useful information on here about Statute Barred debts. However, I've not been able to answer my question entirely. It refers to the 'no contact for 6yrs rule'.

My partner had a T-mobile account that was started in 03/2006. She had the account for about 2yrs and then stopped paying (reason irrelevant). The remaining contract balance was £213.

My partner doesn't recall any contact from T-mobile since stopping paying the contract. In 04/2011 a default was registered with Experian.

She has moved a couple of times since then, always forwarding mail and providing people with up to date addresses, but T-mobile have never sent any correspondence that she is aware of.

We have both recently checked our credit history with Experian and low and behold a week later a letter comes from a debt collectors asking for payment of this outstanding T-Mobile account. They have said they will accept half the amount to settle the debt.

Here is my question. At what point does this debt become statute barred?

- In 2008 when the contract stopped being paid?

- In 2011 when the default was registered?

- Or at some unknown time when letters were sent but not received due to house moves?

My partner is happy to pay the lesser offer, but I suggested we go down the statute barred route. What I don't want to do though, is write to them and have them come back to me saying I have got my dates wrong and we now need to pay the full amount!

Any advice will be most appreciated.

Thanks

Aquamania

nulladave wrote: »

Hi All,

I've been reading some really useful information on here about Statute Barred debts. However, I've not been able to answer my question entirely. It refers to the 'no contact for 6yrs rule'.

My partner had a T-mobile account that was started in 03/2006. She had the account for about 2yrs and then stopped paying (reason irrelevant). The remaining contract balance was £213.

My partner doesn't recall any contact from T-mobile since stopping paying the contract. In 04/2011 a default was registered with Experian.

She has moved a couple of times since then, always forwarding mail and providing people with up to date addresses, but T-mobile have never sent any correspondence that she is aware of.

We have both recently checked our credit history with Experian and low and behold a week later a letter comes from a debt collectors asking for payment of this outstanding T-Mobile account. They have said they will accept half the amount to settle the debt.

Here is my question. At what point does this debt become statute barred?

- In 2008 when the contract stopped being paid?

- In 2011 when the default was registered?

- Or at some unknown time when letters were sent but not received due to house moves?

My partner is happy to pay the lesser offer, but I suggested we go down the statute barred route. What I don't want to do though, is write to them and have them come back to me saying I have got my dates wrong and we now need to pay the full amount!

Any advice will be most appreciated.

Thanks

As you put it, "no contact for 6yrs rule"

Or more accurately, 6 years (5 in Scotland) since the debtor last acknowledged the debt.

So based on your version of accounts, that would presumably be the last time she paid.

Of course, with somethinmg like a mobile phone contract, they don't usually hang around too long before they restrict (or even cut off entirely) someone who is not paying their way, so presumably the amount owed is from way back (and relativley small), rather than 6 years of 'free' mobile phone use ... unlike say a residential water bill
(Reminder to self: I must not be judgemental on MSE)

You can read all about the appropriate law here:
http://www.legislation.gov.uk/ukpga/1980/58

( http://www.legislation.gov.uk/ukpga/1973/52/contents for Scotland)