Debt from 6 years ago - statute barred or still liable?

sourcrates

Ok, let's have some clarity here.

They must write to you, at the last known address they have on file for you, in order to take you to court.

This is known as the "pre action protocol" part of the civil procedure rules.

Court action is actually quite rare on CCA debts, but it does happen.

The "cause of action date" is not always the same as the default date, intact it's likely to be a good 4-5 months or more, prior to the date of default.

So in cases such as this, it would be the date of the last payment, that would be the cause of action date, and not the date of default.

If you are certain that 6 years have passed, send the statute barred letter, they will most likely vanish without trace.

Anon82

Hi All.

Ive been thinking and I think I may have paid something when UW phoned me once but after that I don't know. I don't even know how much I may have paid and it was via an old account so I don't have the records. It would have been some time within the 10 months I lived there but I don't know when.

I'm keeping an eye on my credit files and will pay if/when I see a CCJ or something entered. I believe if I pay in full within 30 days the CCJ will be removed. And that's the thing, I have the money to pay. I don't know how much it is but I have savings so even if it was a couple of grand (I'm assuming itl be a decent amount as they'll probably have added costs and stuff), I can pay. My only issue with phoning Oriel is them suddenly amending my credit score. I have a mortgage and we aren't looking to move for another 3/4 years so it wouldn't be an issue in the immediate future but beyond that, it would affect me.

I normally don't answer calls from numbers I don't recognise but I answered one of their calls because I'm from Cheltenham and the number was similar to my mum's work number. He asked to speak to X and I said "X speaking". Then he said he was calling from Oriel and can I confirm my DOB, first line of my address and postcode. I told him I didn't know who he was or what he was calling in connection with so wasn't prepared to give my details out over the phone. He said he was calling with regard to my UW account and I said I don't have a UW account. He asked me again to confirm the security details and I refused. He said "we aren't going to get anywhere if you're going to be difficult" and I said again I didn't know why he was calling. He said "fine, this is going nowhere. Bye". It wasn't until later I remembered I had UW at my old property. Truthfully, I had forgotten all about it because this is the first I've heard in relation to them since I moved out.

My partner is telling me to calm down and if they really wanted me to pay it they'd be writing or sending a bailiff, or both. I just want to call and pay and just put it to bed but I'm terrified of them adding something to my credit score once I admit it's me. He thinks it's a case of them not really bothering to try and collect, but selling the debt on to Oriel or whoever and letting them try to get something.

I'm stalking my credit to watch out for anything. I mean, British Gas is in there (and fully up to date and paid off, like everything else) so wouldn't UW be on there? I'm so tempted to call on Monday and just get it bloody sorted.

Anon82

Also, there's no GAIN information or anything like that on my credit files.

Could I also thank everyone for their replies and help/advice as well? It's very much appreciated and I've learnt a lot via you and google!

Thanks again :-)

Arleen

Just pay what you owe, it's a very simple advice and will get you to an amazing place in life called "being an adult." I thought you are past your "not caring about bills" age anyway.

And I wouldn't listen to your partner as he clearly doesn't know how the system works or even bothered to google what he says. Bailiffs can come into play only after judgment is issued and you still refuse to pay your debts and they decide to enforce collection of the debt.

People here really need to stop encouraging others from weaseling out of their obligations. There is a difference in helping someone who is going through tough times and can't pay, and someone who clearly is just a chancer wanting to game the system.

Anon82

Arleen,

I'm trying to clarify if me calling them and paying will have an adverse affect and negatively impact me. No one seems to know.

Arleen

Anon82 wrote: »

Arleen,

I'm trying to clarify if me calling them and paying will have an adverse affect and negatively impact me. No one seems to know.

No, you simply refuse to listen. Everything that you need to know has already been said in this topic.

27cool

Anon82 wrote: »

Arleen,

I'm trying to clarify if me calling them and paying will have an adverse affect and negatively impact me. No one seems to know.

I fail to see how paying money that you admit that you owe can possibly affect you adversely. Quite the opposite, I would have thought.

DCFC79

You know what to do as you have been given the advice.