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Can anybody help please

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  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Don't be daft, once a debt is statute barred it stays that way.....
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    1,000 Posts Combo Breaker
    Anthorn wrote: »
    It's a ploy to get you to admit the debt in writing and so invalidate the statute barring. Just ignore it. If it's been over 6 years since the default it won't be on your credit history so you can't check it. However I would advise checking on your credit history for CCJs.
    Ignore this drivel, OP.
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • Anthorn
    Anthorn Posts: 4,362 Forumite
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    edited 28 July 2015 at 3:24PM
    that's nonsense, a debt cannot become un statute barred

    What do you mean by "un statute barred"? When a debt becomes statute barred nothing actually happens. You don't get a letter nor a certificate nor even a telegram from the queen lol.

    As previously posted, the debt still exists and can still be pursued. The only difference is that it cannot be enforced in a court of law unless it's admitted in writing or a payment is made. The point is not that it's statute barred but that in the last six years the debt was not admitted in writing nor a payment made.


    This came up years ago when it was realised that sending the form letter advising that a debt is statute barred is actually admitting the debt. At that time the publishers of the form letters came up with additions to the letters to the effect that "this letter is not an admission of the debt" or even "it's not really me writing this letter".
  • Anthorn
    Anthorn Posts: 4,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Gaz83 wrote: »
    Ignore this drivel, OP.



    So in saying it's drivel you are denying two things both of which are pretty much common knowledge:


    (1) If you admit a statute barred debt in writing it is no longer statute barred.


    (2) Debts fall off the credit history 6 years from the default date.


    Who is it posting the drivel then?
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    edited 28 July 2015 at 4:05PM
    Anthorn wrote: »
    What do you mean by "un statute barred"? When a debt becomes statute barred nothing actually happens. You don't get a letter nor a certificate nor even a telegram from the queen lol.

    As previously posted, the debt still exists and can still be pursued. The only difference is that it cannot be enforced in a court of law unless it's admitted in writing or a payment is made. The point is not that it's statute barred but that in the last six years the debt was not admitted in writing nor a payment made.


    This came up years ago when it was realised that sending the form letter advising that a debt is statute barred is actually admitting the debt. At that time the publishers of the form letters came up with additions to the letters to the effect that "this letter is not an admission of the debt" or even "it's not really me writing this letter".





    Whether the debt is admitted or not after 6 years it still cant "invalidate the statute barring"


    Once a debt becomes statute barred nothing can make it legally enforceable again,


    Its nothing to do with "the last 6 years"


    its a period of a continual 6 years were the debt isn't acknowledged


    Even if I started paying a statute barred debt its still statute barred and I could stop at anytime and they could do nothing about it
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Anthorn wrote: »
    So in saying it's drivel you are denying two things both of which are pretty much common knowledge:


    (1) If you admit a statute barred debt in writing it is no longer statute barred.


    (2) Debts fall off the credit history 6 years from the default date.


    Who is it posting the drivel then?



    You


    Because after 6 years even if you agree you owed the money it can no longer be legally enforced. Once its statute barred its stays that way and nothing can change that
  • Anthorn
    Anthorn Posts: 4,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You


    Because after 6 years even if you agree you owed the money it can no longer be legally enforced. Once its statute barred its stays that way and nothing can change that


    No.


    It all hinges on the last 6 years. If a debt is 10 years old, 20 years, 5000 years, if you have admitted the debt in writing in the last 6 years it is not statute barred.


    My last reply to your posts. Bye bye
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    edited 28 July 2015 at 4:18PM
    Anthorn wrote: »
    No.


    It all hinges on the last 6 years. If a debt is 10 years old, 20 years, 5000 years, if you have admitted the debt in writing in the last 6 years it is not statute barred.


    My last reply to your posts. Bye bye




    You are totally and utterly wrong, Its a foundation of the legal system, 6 years to take action


    look it up, the limitation act 1980

    An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.


    once that 6 year marker is passed it cannot be reset


    no mention of "the last 6 years"
  • cajef
    cajef Posts: 6,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Anthorn wrote: »
    It all hinges on the last 6 years. If a debt is 10 years old, 20 years, 5000 years, if you have admitted the debt in writing in the last 6 years it is not statute barred.
    What a load of rubbish, after six years it becomes statue barred and does not become enforceable again if admitted after that period.
  • Anthorn
    Anthorn Posts: 4,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    cajef wrote: »
    What a load of rubbish, after six years it becomes statue barred and does not become enforceable again if admitted after that period.


    I find that very interesting. Can you please provide a link to that information so I can follow it up. Many thanks.
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