Been Looking At My File - Statute Barred?

LazyT

Hi,

I'm not 100% if this is the right sub forum to be posting in, so I'll apologise in advance if it's wrong.

I recently signed up for a Noddle account as I'm trying to improve my credit score after going through a few bad times and getting in such a mess to a point where I didn't know what I owed and to whom.

I'm close now to becoming debt free, but I have a personal loan on my credit file which shows as having been defaulted on in October 2009.

I have read almost everything I can about Statute Barred - assuming the default will have been 6 years ago very soon, and being confident enough that I wouldn't have acknowledged this debt after I defaulted on it; is this close to being Statute Barred?

And furthermore, is there a way I can check? Or is it just a case of waiting to find out and then writing a letter thereafter?

I received a letter from a collection agency in the past few weeks but to my knowledge this is the first contact I have received - I'd be curious to know if this is a last ditch attempt to make me pay, or if I can declare Statute Barred and then approach without being under duress later on.

I appreciate there are probably hundreds of questions like this on here; I have done my best to read them all and I haven't quite found the answer I am looking for in previously closed threads, which leads me to this point.

Thank you all for taking the time to read this.

[Deleted User]

You're likely to get contact as the 6 year period approaches. If it's a reasonable sum, then they may go for a CCJ.

As they seem to have your address, at least you'll know about it beforehand.

Cycrow

have you made any payments on that debt since it was defaulted?

National_Debtline

Hi

The limitation period to become statute barred starts running from when you missed a contractual payment on a loan, rather than the credit file default date. As defaults are normally added to credit files after a few missed payments your loan may already be statute barred. This would be if there has been 6 years with no payment, written acknowledgement or CCJ, 5 years if you live in Scotland.

It’s not really something you can check at this point but if a debt collection agency is pursuing you for payment and you inform them it’s statute barred the onus is on them to provide proof it isn’t, or leave you alone.

You could ride it out for as long as you can to ensure there has been the 6 years and send them the sample letter on the end of this factsheet if they contact you.

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


James
@natdebtline