help...is my debt statute barred?

artstudent

I've recently been traced by an old creditor for a debt I had back in 2007. I had moved address and believed all my mail was forwarded.
I've rang them today to say I that the debt is now statute barred but the guy said because I didn't give a forwarding address that's not the case.
Please can anyone advise.

National_Debtline

Hi artstudent, welcome to MSE

It will obviously depend what the debt was for and what has happened since 2007 but under the Limitations Act 1980 it does state that if there has been a 6 year block of time since the debt fell due, with no written acknowledgement or payment to the debt and no County Court Judgement has been obtained, the debt may no longer be enforceable through the County Court and becomes known as Statute Barred


The 6 year clock starts from when the first payment was due and missed or from when the last payment was made or from when the last written acknowledgement was made - whichever is the later. Moving address shouldn’t make any difference. Good luck,

Laura
@natdebtline

sourcrates

Hi,

Stay off the phone to these people, they will tell you any old rubbish to get you to pay up.

If they have written to you, or when they write to you, respond with the standard statute barred letter.

It is then up to them, to prove the debt is not statute barred, don't speak on the phone to these people, don't acknowledge anything else in writing to them, make them do the donkey work, don't trust a single word they tell you, ask on this forum for advice on anything they may tell you.

Remember, there sole intention is to get money from you, by whatever means, regardless of the debts status.

artstudent

Thank you for your advice. I've had no letter from them since I moved in 2007 though they said they had been sending letters to my old address. When they write next I shall reply with a SB letter.
Thank you

National_Debtline

Just to add - a creditor writing to you has no bearing on the Limitations Act. The key issues are have you wrote to them and acknowledged the debt, have you made a payment or have they got a CCJ - if none of these things have happened then it is likely to be SB.


Laura
@natdebtline