Desperately want to address my debt after 12 yrs :(

Aragorn1

Hi Everyone,
I have been suffering depression and some physical back-related issues. I have recently become practically homeless not something you expect at 52.
Back 12-ish yrs ago, I was sorting out all my previous debt issues by approaching agencies for the creditors etc (Halifax, RBS and some others) and paying about £5 per month. But after about 5 yrs of doing this, it all ground to a halt and nobody pursued me. I then moved twice. I became very depressed and lost all my work and so, (like some others) buried my head in the sand re my credit status and basically went off-grid completely. Now, I am claiming Universal Credit and have sent off for PIP forms as my health is deteriorating but, I would really like to try to make a fresh new start and I need some advice on what I do about sorting my old debts. I have no idea where to start and it's very worrying for me.

Do they get written off? (it's been 12 yrs + now) Where do I go and what do I do in an attempt to try to re-build my credit history or is it simply impossible now?

Any advice and/or assistance would be VERY much appreciated.
Thanks
A.

Weimsrock

One of the admins should be along soon to give proper advice but for now it will be important to understand more about the debts so...
1. Try recall/advise whether the debts related to credit cards and personal loans/ overdrafts. Or whether any was court judgements, council tax, fines etc
2. go online and set up a credit karma account to view your credit file for free to see if there are any entries remaining

from what you have described it is possible that many of the debts will be Statutory Barred by now (not collectible) after 6+ years of no payments or acknowledgment of the debts by you, but this will depend on the type of debts they were. As I said go on credit karma and see if there is anything on your credit file relating to the debts. It’s free and won’t stir anything up

sourcrates

Any, or most, simple contract debts, not paid or acknowledged in writing, for any period of 6 years or more, will have become statute barred, under section 5, limitation act 1980.

This means the creditor cannot take legal action against you to recover the debt, although it still exists, and they can still ask you to pay, it is unenforceable in court (unless your in Scotland, then the debt is extinguished after 5 years, and under Scottish law, no longer exists).

Old defaulted accounts only stay on your credit file for 6 years anyway, so its very likely all your debts have long since disappeared, and been forgotten about.

If you ever get a letter about any of your old debts, you would simply respond with the statute barred letter, telling the creditor it was no longer collectable, and that would normally be that, you don`t need to worry about these debts if the above applies to you.

Aragorn1

Weimsrock said:

One of the admins should be along soon to give proper advice but for now it will be important to understand more about the debts so...
1. Try recall/advise whether the debts related to credit cards and personal loans/ overdrafts. Or whether any was court judgements, council tax, fines etc
2. go online and set up a credit karma account to view your credit file for free to see if there are any entries remaining

from what you have described it is possible that many of the debts will be Statutory Barred by now (not collectible) after 6+ years of no payments or acknowledgment of the debts by you, but this will depend on the type of debts they were. As I said go on credit karma and see if there is anything on your credit file relating to the debts. It’s free and won’t stir anything up

Hi Weimsrock
Thank you SO much for that advice, I will look at Credit Karma today. Very much appreciated 
A

Aragorn1

sourcrates said:

Any, or most, simple contract debts, not paid or acknowledged in writing, for any period of 6 years or more, will have become statute barred, under section 5, limitation act 1980.

This means the creditor cannot take legal action against you to recover the debt, although it still exists, and they can still ask you to pay, it is unenforceable in court (unless your in Scotland, then the debt is extinguished after 5 years, and under Scottish law, no longer exists).

Old defaulted accounts only stay on your credit file for 6 years anyway, so its very likely all your debts have long since disappeared, and been forgotten about.

If you ever get a letter about any of your old debts, you would simply respond with the statute barred letter, telling the creditor it was no longer collectable, and that would normally be that, you don`t need to worry about these debts if the above applies to you.

Hi sourcrates,

Really appreciate that advice, means a great deal to me at this odd moment in life. You say about not paid or acknowledged in writing, do you mean from them or from me or both? I lived a in a studio flat for a while back when I was attempting to sort this out (which is over 10 yrs ago now) and of course, they could have still written to me there I suppose and I would have no idea?

Either way, thank you for this advice and it would be wonderful if I log into Credit Karma and nothing is there! 
I will have a go at that this weekend. Weimsrock said above it doesn't mess anything up.. I am currently staying with friends as I have nowhere to go but looking for a studio flat to be back near my children, will I have to input any 'current' address to find out stuff on Credit Karma? Or just my old addresses? I don't want a breadcrumb to my friends address hee, that would be terrible!

Thank you
A.

Aragorn1

Weimsrock said:
As I said go on credit karma and see if there is anything on your credit file relating to the debts. It’s free and won’t stir anything up

Just wanted to ask: Credit Karma is asking for mobile number & Current Postcode. My issue is I've been off-grid for so long! My mobile is Tesco Pay as You Go so no contract and my previous address (for past 7 yrs) was in my partners name and my current address is just temporary and it's my friends and his wife's home so can't put that either? For them to track me to any Credit Company I think I would have to put that very old address, would you say? The one I was at when I was trying to sort this 11 yrs ago??
Any advice?
Thnks
A.

Swoosh84

Aragorn1 said:

Weimsrock said:
As I said go on credit karma and see if there is anything on your credit file relating to the debts. It’s free and won’t stir anything up

Just wanted to ask: Credit Karma is asking for mobile number & Current Postcode. My issue is I've been off-grid for so long! My mobile is Tesco Pay as You Go so no contract and my previous address (for past 7 yrs) was in my partners name and my current address is just temporary and it's my friends and his wife's home so can't put that either? For them to track me to any Credit Company I think I would have to put that very old address, would you say? The one I was at when I was trying to sort this 11 yrs ago??
Any advice?
Thnks
A.

Think you are going to struggle with getting signed up automatically and may need to provide extra ID. I'd put in the last address where you had a bank account, credit card or loan registered or an address where you were last listed on the electoral role.

Credit Karma are not going to know about your friends house or any other address where you did not take any financial products.

You should also try some of the other free credit report providers such as Clear Score, MSE Credit Club and Totally Money.

For your other question, the debt will be dead in the water if you have not made any payments or wrote to acknowledge the debt in the last 6 years. Spam mail sent to you by any providers or debt collectors do not count. I think you will find that after 12 years, they have long given up looking for you and you are free and clear. Getting a look at your credit report and getting on the electoral role is the first step to repairing your credit life

J

Aragorn1

Swoosh84 said:

Aragorn1 said:

Weimsrock said:
As I said go on credit karma and see if there is anything on your credit file relating to the debts. It’s free and won’t stir anything up

Just wanted to ask: Credit Karma is asking for mobile number & Current Postcode. My issue is I've been off-grid for so long! My mobile is Tesco Pay as You Go so no contract and my previous address (for past 7 yrs) was in my partners name and my current address is just temporary and it's my friends and his wife's home so can't put that either? For them to track me to any Credit Company I think I would have to put that very old address, would you say? The one I was at when I was trying to sort this 11 yrs ago??
Any advice?
Thnks
A.

Think you are going to struggle with getting signed up automatically and may need to provide extra ID. I'd put in the last address where you had a bank account, credit card or loan registered or an address where you were last listed on the electoral role.

Credit Karma are not going to know about your friends house or any other address where you did not take any financial products.

You should also try some of the other free credit report providers such as Clear Score, MSE Credit Club and Totally Money.

For your other question, the debt will be dead in the water if you have not made any payments or wrote to acknowledge the debt in the last 6 years. Spam mail sent to you by any providers or debt collectors do not count. I think you will find that after 12 years, they have long given up looking for you and you are free and clear. Getting a look at your credit report and getting on the electoral role is the first step to repairing your credit life

J

Thank You J, very much appreciated
My last address (for past 7 yrs) I had my bank account registered there, in fact, it still is. Do you think that would be enough?
Thanks
A.

fatbelly

Aragorn1 said:

Hi sourcrates,

Really appreciate that advice, means a great deal to me at this odd moment in life. You say about not paid or acknowledged in writing, do you mean from them or from me or both? I lived a in a studio flat for a while back when I was attempting to sort this out (which is over 10 yrs ago now) and of course, they could have still written to me there I suppose and I would have no idea?

Either way, thank you for this advice and it would be wonderful if I log into Credit Karma and nothing is there! 
I will have a go at that this weekend. Weimsrock said above it doesn't mess anything up.. I am currently staying with friends as I have nowhere to go but looking for a studio flat to be back near my children, will I have to input any 'current' address to find out stuff on Credit Karma? Or just my old addresses? I don't want a breadcrumb to my friends address hee, that would be terrible!

Thank you
A.

An acknowledgement has to be by you or your 'agent.' It doesn't matter what they do. The clock starts ticking on  the date of default and only you can re-set it. If they don't start a court claim before the clock hits six years - they're out of time.

If I were you I would just search on your 'current' address - that is the one your bank uses. If there are any linked addresses they will show. I wouldn't be giving lots of addresses to link to if they're not already there.

Edit: it's possible that you won't be able to get a report at the present time. Not a problem. Just concentrate on getting secure accommodation, get on the electoral roll and let your bank know your real new address. Things should improve from that point.

Edit2: If there was a ccj it is quite likely six years old or near that. While not covered by the Limitation Act, there is a separate rule that means after 6 years a creditor can only enforce a ccj with the express permission of the court.

Swoosh84

Aragorn1 said:

Swoosh84 said:

Aragorn1 said:

Weimsrock said:
As I said go on credit karma and see if there is anything on your credit file relating to the debts. It’s free and won’t stir anything up

Just wanted to ask: Credit Karma is asking for mobile number & Current Postcode. My issue is I've been off-grid for so long! My mobile is Tesco Pay as You Go so no contract and my previous address (for past 7 yrs) was in my partners name and my current address is just temporary and it's my friends and his wife's home so can't put that either? For them to track me to any Credit Company I think I would have to put that very old address, would you say? The one I was at when I was trying to sort this 11 yrs ago??
Any advice?
Thnks
A.

Think you are going to struggle with getting signed up automatically and may need to provide extra ID. I'd put in the last address where you had a bank account, credit card or loan registered or an address where you were last listed on the electoral role.

Credit Karma are not going to know about your friends house or any other address where you did not take any financial products.

You should also try some of the other free credit report providers such as Clear Score, MSE Credit Club and Totally Money.

For your other question, the debt will be dead in the water if you have not made any payments or wrote to acknowledge the debt in the last 6 years. Spam mail sent to you by any providers or debt collectors do not count. I think you will find that after 12 years, they have long given up looking for you and you are free and clear. Getting a look at your credit report and getting on the electoral role is the first step to repairing your credit life

J

Thank You J, very much appreciated
My last address (for past 7 yrs) I had my bank account registered there, in fact, it still is. Do you think that would be enough?
Thanks
A.

I recon it will, just enter that address and you should be fine. Worth a try at least as it sounds like you have nothing more to go on. 

sammyjammy

Yes that will probably be ok, it can't hurt.