Statute Barred Debt?

geordiegirl32

Hi all, thanks in advance for any advice offered.

I am in the process of helping my partner sort out his outstanding debts following being made redundant a few years back. He has set up repayment plans with all but one and this is the one we need advice with.

It's a loan from Black Horse - £2709, for which he has only recently starting receiving letters from a DCA. However when looking at his Equifax credit report the default date has been recorded as April 2012 with 6's being marked down since April 2008!.

Initially he was going to call the DCA to set up a repayment plan and ? the default date with a view to getting it backdated/it dropping off. However I'm thinking if he has been more than 6 months late with payments since April 2008 should we attempt a statute barred letter to the DCA? The DCA have sent 3 letters so far, the 3rd threatening to send an agent round to the house.

What does everybody recommend please? I'm worried they might slap him with a ccj soon

Kind regards

Emma

bengalknights

Its statute barred from last date communication not last payment

So if they was chasing until April 2012 then it becomes statute in May 2018

DevCoder

That's incorrect, it's 6 years (5 Scotland) since the last acknowledgement of the debt, whether by payment or by you acknowledging it. The DCA sending letters to you does not stop/reset the timer.

National_Debtline

krisdorey wrote: »

it's 6 years (5 Scotland) since the last acknowledgement of the debt, whether by payment or by you acknowledging it. The DCA sending letters to you does not stop/reset the timer.

This is correct. Just to clarify even further it has to be acknowledgement in writing.

Emma, it sounds like it's worth sending the DCA a statute barred letter if you think there has been 6 years with no payment or written acknowledgement by your partner. There's one on this factsheet:

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

It also sounds like the default should have dropped off his credit report.

James
@natdebtline

fusionx212

bengalknights wrote: »

Its statute barred from last date communication not last payment

So if they was chasing until April 2012 then it becomes statute in May 2018

Geordiegirl it's statute barred, from 2008.

do not acknowledge the debt, do not pay it back either and tell them they need to remove all traces immediately.

bengalknights you should read up on statute barred meaning in the uk.

http://moneyaware.co.uk/2013/10/statute-barred-debt/

geordiegirl32

Thanks all, we'll have a try with the statute barred template James from National Debtline kindly sent the link for.

What does everyone think we should do about disputing the default date? If he sends the sb letter then it may not be enforceable but he's still going to have that default on his credit record until 2018.

I'm worried if we mention it in the sb letter it might count as an acknowledgement?

Thanks again all

Emma

DevCoder

Once a debt is statute barred it cannot become unbarred no matter what you do.

fusionx212

It's statue barred, state in the lette you do not acknowledge this debt and demand they remove all entries on the report. Short and sweet they cannot make you repay it back now any waya