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9yr old loan..is it statute barred?

I have just received a letter from MK Rapid Recoveries. Its for an old loan from Welcome Finance. The loan was taken out in 2003. It was in the joint names of myself & my ex partner to buy a new fridge/washer/dryer etc for our house. The paymenrs were set up to come out of his bank account. We broke up in 2006, at which point I discovered he had stopped making payments months before. I have heard nothing about this until I got a letter today. Am I liable for this? Thanks

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If no payments were made or any acknowledgement of the debt has been made in the last 6 years then yes, it is statute barred and neither of you can be chased for the debt,


    It is still owed but you cannot be pursued in court for it.


    Just send them a sb letter
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You are still liable, in that it's still owed.

    Because it's more than 6 years old, they can no longer use the courts as a collection tool, however.
    💙💛 💔
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi Bekbob


    As the folks above suggest, this debt looks likely to be statute barred and thus unenforceable through the courts. You may find our fact sheet useful as it contains a sample letter you can use:


    https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • WG0608
    WG0608 Posts: 30 Forumite
    Yes, over 6 years statute barred.
  • Rob_Mogs
    Rob_Mogs Posts: 156 Forumite
    Sixth Anniversary 100 Posts Combo Breaker
    So statute barred means that if they've not contacted you, or you not contacted them in the last 6 years?

    as I've got a debt that's 5years old in a month, but have recently found out about it and it was I who contacted them, not them who contacted me.
  • Angry_Bear
    Angry_Bear Posts: 2,021 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker PPI Party Pooper
    Rob_Mogs wrote: »
    So statute barred means that if they've not contacted you, or you not contacted them in the last 6 years?

    as I've got a debt that's 5years old in a month, but have recently found out about it and it was I who contacted them, not them who contacted me.
    Statute barred is when you haven't acknowledged the debt for 6 years (5 in Scotland). "Acklowledge" means making a payment or putting something in writing to the person you owe. If you contacted them in writing, you may have reset the statute barred clock, it would depend on what you said.
    Do you not know that a man is not dead while his name is still spoken?
    ― Sir Terry Pratchett, 1948-2015
  • Rob_Mogs
    Rob_Mogs Posts: 156 Forumite
    Sixth Anniversary 100 Posts Combo Breaker
    Angry_Bear wrote: »
    Statute barred is when you haven't acknowledged the debt for 6 years (5 in Scotland). "Acklowledge" means making a payment or putting something in writing to the person you owe. If you contacted them in writing, you may have reset the statute barred clock, it would depend on what you said.

    yep thats reset it then!
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Beware they will invent payment/s
    I do Contracts, all day every day.
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