Should I pay? Can I still get a CCJ?

cybertortoise

Hi just a couple of quick questions as I am sure this has been asked before but couldn't find relevant answers when I searched.

I have logged into Lowell's website to arrange payment of an outstanding debt which is still showing on my credit report.

There are several older accounts which are no longer on my credit report, I know I still owe this money but my question is this:
I made a payment on these accounts in 2015, does this mean the debts are statute barred or not?

The accounts are all old enough to be removed from my credit report, and most have been and state settled if I can even find them. Most of these debts defaulted in 2010/2011. I do plan on paying them but I would rather focus on any that may make my credit file worse by adding CCJ's etc.

Thank you for any help

sourcrates

For a debt to be statute barred (England and wales) there must of been a clear six year gap where no payments or written acknowledgement has occurred.

Does that apply to any of your accounts ?

Sparx

Agreements are statute barred if the debt hasn't been acknowledged in 6 years - from the date you last made any kind of payment to the account or acknowledgement.

Also any accounts on your credit report if defaulted, will disappear from your credit file again 6 years from the Default Date.

EssexHebridean

The timeline for statute barred is 6 years (unless you're in Scotland when it will be 5 years) from the last date you made a payment - they'll have come off your credit reports because of the default dates.

cybertortoise

Thank you for confirming that. I made payments in 2015 on the older accounts so will set up payment plans ASAP to try and prevent further action.

StopIt

cybertortoise wrote: »

Thank you for confirming that. I made payments in 2015 on the older accounts so will set up payment plans ASAP to try and prevent further action.

To clarify as this question has been asked quite a bit recently.


Your debts will always fall off your credit files 6 years after the accounts have been closed via Default or normal settlement (I.E: Paid in full as per the terms of the credit account).


However, the Limitations Act is separate. This requires 6 years of no action (Payment, or acknowledgement of debt) towards an account for the account to be unenforceable at court.


This means that a debt can be defaulted, but being paid by a payment plan and although it may fall from your credit files after 6 years and have no impact on your credit history, it is still live and enforceable.