Old debt from 2009!!

fabull1985

Hi all,
New here so hope this is the appropriate place to post!

So here goes. I have a debt from back in 2009 which I didn't pay off. I'm not going to go into the one and outs of why but it didn't get paid. Today I received a letter from a company threatening with a CCJ if I don't pay it in the next 30days. It's not a substantial amount (under £200) however I can't afford that at all at the moment. Otherwise I don't have any debts.

Now this is my question. As the debt is over 6 years old can the company do this or are they trying to scare me into contacting them so that the debt be paid off? I do want to pay it off but it won't happen for a few months yet as I am just not in the position to. I was under the impression that if something hadn't been paid off over the 6 years it was written off??

I'd love some info on this. I'm not trying to get out of it but I don't want worry about it just now as have a lots of other issues in life at the minute.

Thank you for your time in replying

National_Debtline

Hi fabull1985 and welcome to MSE,


There is a piece of legislation called the Limitations Act 1980 that states, 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 action started, then the debt may no longer be enforceable through the county court and becomes known as Statute Barred. If that is the case for this debt, it is not written off, but it shouldn't be enforceable through the county court.

However, you still can't ignore what you have received. It sounds like you may have received a Letter of Claim with 30days notice and a reply form. If that is the case you can use the reply form to challenge this debt. Send it recorded delivery and keep a copy. They creditor should not start proceedings within 30 days of the reply form or sending you the information you have requested.


This letter may also help - https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx


Laura
@natdebtline