CCJ on a statute barred debt

33days

As title says i have a debt that is now statue barred but i received a letter threatening that as i have not replied to previous correspondence, they have no other option but to apply to the courts... What would be the best course of action let them apply to the courts and wait for the court to contact me or contact them directly...?

marleyboy

Bin it!!! The court should point out to them the timeline.

boo_star

marleyboy wrote: »

Bin it!!! The court should point out to them the timeline.

I'm not sure that's the best course of action. A "Statute Barred" letter will cost you a stamp and may save you the trouble of going to court.

Nasqueron

boo_star wrote: »

I'm not sure that's the best course of action. A "Statute Barred" letter will cost you a stamp and may save you the trouble of going to court.

Does the OP know 100% for sure that it is barred and they can 100% say they have not paid or acknowledged the debt they owed for six years? If not then I would agree in full - send the barred letter just to be on the safe side - binning the letter and finding out they did something to reset the clock could be costly!

33days

Actually i can't say 100% it is but the timing around the date of the account opening says the debt is older than 6 years....

Is it correct then in my case send the Statute Barred letter and wait for their response but this does not count as acknowledgment of the debt?

MisterBaxter

stu82 wrote: »

Actually i can't say 100% it is but the timing around the date of the account opening says the debt is older than 6 years....

Is it correct then in my case send the Statute Barred letter and wait for their response but this does not count as acknowledgment of the debt?

Have you checked your credit file? It may well show when the account and/or default were registered and give you a better indication of whether or not it is older than 6 years. The statute barred isn't acknowledging or accepting the debt.

33days

It was defaulted just over 5 years ago but is it not the case that the timing starts from last payment or acknowledgment and NOT when it was defaulted ?

fermi

The default on your credit file cannot be taken as the time the 6 years starts, no.

The time starts running for the 1st time from the 'cause of action', after which every time you pay or acknowledge in writing you restart the clock again.

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-02.aspx

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Contact us for advice.

So if you know you made payments or acknowledgements after the cause of action, then the time would run from the date of the last of those.

If you did not then it may depend on the type of debt and agreement when exactly time started to run.

33days

It was a non priority (credit card) and i just stopped when the payment where to much. So im pretty sure it is now Barred but i will send the S/B letter and see what their response is.....

Steve_xx

stu82 wrote: »

It was a non priority (credit card) and i just stopped when the payment where to much. So im pretty sure it is now Barred but i will send the S/B letter and see what their response is.....

You should write the words "without prejudice" on any letter that you send to whoever has written to you. That way, anything that you say in the letter is not admissible should there be a court case, and therefore it cannot be used as any sort of acknowledgement from you at this stage as to whether or not a debt is in existence.

Anthorn

stu82 wrote: »

It was defaulted just over 5 years ago but is it not the case that the timing starts from last payment or acknowledgment and NOT when it was defaulted ?

If the debt has been admitted in writing or a payment made in the last six years then the debt is not statute barred until six years have elapsed. But even then it is not statute barred if the address has changed without informing whoever or whatever the debt is owed to.