help statute barred

towncryer

i thought i had put past behing me, and after few years of moving around, after getting ill from harassment, i bought a house, felt almost clear of old debt problems, except 1 ccj from 2004, not even sure who it was with, as onl old address. never found out as didnt want to draw attention to self and get ill again. Anyways, recently some old debts have found me, but I believe they are statute barred. It was up to 30k, but over 6 years ago on it all i'm almost certain. I had a ccj in 2000, and cant have paid forl ong after that. Problem is i dont know how to find out when my last contact was. I had a big debt with abbey for 10k, about 8 other cards for 1-2k. I believe most or all of these would be written off. My m ain concern is link financial have just tried to write to me, finidng me somehow. i quote "as of oct 16 2001 mbna have assigned debt of 5500 (approx) to us my q's are
1 this is not the date that the 6 years started is it, its 6 years from my last contact with mbna, how do i find out? without acknowledging the debtwhich i imagine is well before they sold the debt
2 what do you think they will do write to me a few times, trying to wing it, can they doorstep me/knock, if not gone ot court3 what happens if i just ignore them
i didnt want to get into debt, learnt my lesson since, and dont want to go down again.
please help mse'ers
dont let them drag me down again
urgent thank you whoever takes time to read this anyone with good knowledge advice, i will be eternally grateful
tc

mikewebs

Hi there

Sorry to hijack this thread, but I have a debt that I incurred when I lost my job and HSBC just closed my account and loan accoutn because wages weren't being paid in. Anyhoo, I was pying a doorstep collector untila year ago when he said I had finished. Recently I started getting letters from a collection agency demanding money in respect of this HSBC debt (10 years later) What is my legal position?
Many thanks

RAS

help needed here

liz105

mikewebs wrote: »

Hi there

Sorry to hijack this thread, but I have a debt that I incurred when I lost my job and HSBC just closed my account and loan accoutn because wages weren't being paid in. Anyhoo, I was pying a doorstep collector untila year ago when he said I had finished. Recently I started getting letters from a collection agency demanding money in respect of this HSBC debt (10 years later) What is my legal position?
Many thanks

Please do not hijack other peoples threads.

please start a new thread from the main page.

towncryer

NotSoNewbie MoneySaver Join Date: Jan 2006Post Count: 41 Thanked 1 Time in 1 Post help statute barred

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i thought i had put past behing me, and after few years of moving around, after getting ill from harassment, i bought a house, felt almost clear of old debt problems, except 1 ccj from 2004, not even sure who it was with, as onl old address. never found out as didnt want to draw attention to self and get ill again. Anyways, recently some old debts have found me, but I believe they are statute barred. It was up to 30k, but over 6 years ago on it all i'm almost certain. I had a ccj in 2000, and cant have paid forl ong after that. Problem is i dont know how to find out when my last contact was. I had a big debt with abbey for 10k, about 8 other cards for 1-2k. I believe most or all of these would be written off. My m ain concern is link financial have just tried to write to me, finidng me somehow. i quote "as of oct 16 2001 mbna have assigned debt of 5500 (approx) to us my q's are1 this is not the date that the 6 years started is it, its 6 years from my last contact with mbna, how do i find out? without acknowledging the debtwhich i imagine is well before they sold the debt2 what do you think they will do write to me a few times, trying to wing it, can they doorstep me/knock, if not gone ot court3 what happens if i just ignore themi didnt want to get into debt, learnt my lesson since, and dont want to go down again.please help mse'ersdont let them drag me down againurgent thank you whoever takes time to read this anyone with good knowledge advice, i will be eternally gratefultc

mikewebs

Hi again

Firstly - I posted on a very similar subject and thought this would be the best place to post - obviously I was wrong.

Secondly - I did apologise at the outset.

Thirdly - as you had no advice/help to give why bother picking on people when they are down?

Fourthly - I won't bother asking for help here again - thought people here were friendly but yet again someone has a very clear idea of what this site should be about.

Fifthly - I apologise to Towncryer for any offence caused.

rog2

mikewebs wrote: »

Fourthly - I won't bother asking for help here again - thought people here were friendly but yet again someone has a very clear idea of what this site should be about.

Wow mike - seems like a few people have gotten hold of the wrong end of the stick. Perhaps you WOULD have gotten more information if you HAD started a new thread, but personally I can see nothing wrong in adding your question to that of Town Cryer, and YES, we are, normally, quite a friendly bunch.
I think that we need a bit more information, in your case. In my opinion, if the 'doorstep collector' told you that the 'debt' was now paid, then you need to write back to the dca, asking him to clarify exactly what he is asking for. The DCA must supply you with the original Consumer Credit Agreement, and the deeds of assignment - if not then they can not chase you for payment.
I'm not sure, in your case, whether any 'alleged debt' would come under the terms of the Limitations Act as you have been making payments against the debt. However, if you have been told that the debt is now satisfied (I assume you have a receipt) then a dca can not simply resurect a debt.
Why not post a new thread, with a bit more detail, then I'm sure you will be inundated with good advice.
Cheers.

towncryer

nobody is answering my q now though, ithink that was the point, but still just a mix up

rog2

towncryer wrote: »

i thought i had put past behing me, and after few years of moving around, after getting ill from harassment, i bought a house, felt almost clear of old debt problems, except 1 ccj from 2004, not even sure who it was with, as onl old address. never found out as didnt want to draw attention to self and get ill again. Anyways, recently some old debts have found me, but I believe they are statute barred. It was up to 30k, but over 6 years ago on it all i'm almost certain. I had a ccj in 2000, and cant have paid forl ong after that. Problem is i dont know how to find out when my last contact was. I had a big debt with abbey for 10k, about 8 other cards for 1-2k. I believe most or all of these would be written off. My m ain concern is link financial have just tried to write to me, finidng me somehow. i quote "as of oct 16 2001 mbna have assigned debt of 5500 (approx) to us my q's are
1 this is not the date that the 6 years started is it, its 6 years from my last contact with mbna, how do i find out? without acknowledging the debtwhich i imagine is well before they sold the debt
2 what do you think they will do write to me a few times, trying to wing it, can they doorstep me/knock, if not gone ot court3 what happens if i just ignore them
i didnt want to get into debt, learnt my lesson since, and dont want to go down again.
please help mse'ers
dont let them drag me down again
urgent thank you whoever takes time to read this anyone with good knowledge advice, i will be eternally grateful
tc

Hi TC - The Limitations Act, 1980 states that if you have made NO PAYMENTS against the alleged debt, nor communicated IN WRITING to the creditor, for a period of 6 years (5 years in Scotland) then the debt is considered to be Statute Barred and can not be collected through the courts - there are a few, mainly property related and Crown debt, exceptions.
CCJs are not covered by this legislation, though, so it is worth finding out exactly what the debt is that they are chasing you for.
There is a template letter, that you can send to the dca - it can be found on the following link.

http://www.nationaldebtline.co.uk/england_wales/temp/5657_10811.pdf

Hope this helps.

towncryer

thanks roganyone else got any advice also, please, greatly appreciated.TC

CCCS_Emily

Hello towncryer,

First of all you need to get a copy of your credit file. I would suggest you request a copy from all three credit reference agencies: Experian, Equifax and CallCredit. Your credit file will give you the age and status of each debt you have.

Rog 2 is right - 'The Limitations Act, 1980 states that if you have made NO PAYMENTS against the alleged debt, nor communicated IN WRITING to the creditor, for a period of 6 years (5 years in Scotland) then the debt is considered to be Statute Barred and can not be collected through the courts - there are a few, mainly property related and Crown debt, exceptions.
CCJs are not covered by this legislation, though, so it is worth finding out exactly what the debt is that they are chasing you for.'

If you have any with CCJs you need to sort out payment as these debts can be enforced using bailiffs, attachment of earnings, charging orders. You can use an N245 form (£35 court fee)to reinstate the payment for these, at an amount you can afford. If you just ignore these debts then you risk the creditors taking further action as mentioned.

Any debts that are Statute Barred cannot be enforced through the courts but the debt will still exist and will sit on your credit file. Because they are unenforcable you can clear them as and when you can afford to. If you ignore these debts there is nothing they can do, but it is in your interest to clear the debt as it will affect your credit rating.

You need to find out what is happening so you can take control of the situation. Don't let this drag you down. You are doing the right thing by trying to sort this out!

Good luck and let us know how you get on.