Complex Statute Barred Debt from 10+ years ago (family name) query

HokageJiraiya

I hope you can help me please.

Using a throwaway account for anonymity, as unsure if my family member uses this forum.

My brother and I have very similar names. Mike Jones and my brother Mike Smith Jones, but on all documentation it usually comes as Mike Jones too. We are not twins have 2 years apart date of births.

When we very young, both my brother and I, naively got into debt (Brobident loans) [changed the name].

Due to extremely poor financial education and access to credit, we got them separately, at different times and I am going to say that both defaulted.

Fast track 5 years later, got a wonderful job, paid off all of my debts (that were on all credit reports) and waited for the big year 6. All debts and defaults (which have been paid) have dropped off and now I have a fantastic credit report. Never missed a single payment in the past 8 years.

My brother Mike Smith Jones, still reckless and unwise from our young days and has been chased by debt after debt. Approximately two years ago, Brobident loans, contacted him, where yet again, he skipped on the letters and it ended up at court. He was requested to pay, failed to pay and they placed him on a CCJ or a similar (as he tells me), but I have no proof or way of checking. They give him a final bill before bailiffs at £1,001 and he pays the full amount.

Fast track two years later, Brobident loans are still chasing him. He was confused and he called them, and they apparently had informed him that HIS was still outstanding and he was unable to access the account of the one he paid off. Apparently he paid off the debt that was linked to my "date of birth".

After ranting and raving, he calls the new debt collection agency, and it seems that they (as he informs me) made a mistake and didn't check his date of birth, but ALL letters have been going to his house and his address (which make me think, that surely this can't happen). So initially he asks me for the £1,001 and then after he calls them, I think they are offering to refund it back to him.

The question is, all they now have is my date of birth. It should have been registered on my 4x credit reference agencies, but I have no way of checking, and it has been a minimum of 10+ years that they have had ANY contact with me. I have always been on the electoral role register from the address that I was living at and onwards.

Having looked at "Citizens advice bureau"

You might not have to pay a debt if:

• it’s been six years or more since you made a payment or were in contact with the creditor

I have had no letter/post contact, telephone or visit contact with the debtor.

The debtor is not on ANY or ANY defaults on any of my 4x credit reports. I have checked all of them and with check my file, that checks all 4.

• Check if the time limit on a debt has passed

• For most debts, if you’re liable your creditor has to take action against you within a certain time limit. Taking action means they send you court papers telling you they’re going to take you to court.

• The time limit is sometimes called the limitation period. 

• For most debts, the time limit is 6 years since you last wrote to them or made a payment.

Contacting your creditors

If you need to check the details of a debt, you can phone your creditor. It’s important you don’t contact a creditor in writing if you think the debt might be statute barred. This includes sending a text or an email, or talking to them on online chat.

Writing to them could make it look like you’re agreeing you owe the money. This might reset the time limit - this means it will be another 6 years before the debt is statute barred.

If you’re not sure if your debt is statute barred, or you think your debt will soon be statute barred.

If you haven’t reached the time limit yet, making a payment to your creditor will always reset the time limit. Even if it’s just a small payment, or if someone else makes a payment on your behalf.

What do I do in these circumstances? I am unsure as they went to court for payment, with the third party (which I am sure, or I hope they must have sent ample letters to my brother, of which he may have ignored). But they did not check that it was the same person.

But I have had no personal contact with them, can they still request payment from me?

As they went to court, does that pause the clock?

Citizens Advice Bureau states not to contact them, as it will restart the clock.

Paying the debt isn't the issue. It's not having it on any of the credit reports at this stage.

If anyone can please help.

Thank you

fatbelly

I'm trying to work out what you're asking.

As I understand it your debt has been paid off and so are you asking if anyone can request payment from you for your brother's debt? That would be a no.

Are you asking if a debt can be statute barred if a court claim has been started? Again the answer is no, provided the claim was started within six years of the default, or the last acknowledgement if later.

HokageJiraiya

fatbelly said:

I'm trying to work out what you're asking.

As I understand it your debt has been paid off and so are you asking if anyone can request payment from you for your brother's debt? That would be a no.

Are you asking if a debt can be statute barred if a court claim has been started? Again the answer is no, provided the claim was started within six years of the default, or the last acknowledgement if later.

I think they are going to refund the payment that he made towards them.

Can they then chase me for the payment? It has been over 6 years +, a minimum of 10 years, since they have spoken to me about the debt, of the date of default.

They have incorrectly chased the wrong person.

fatbelly

Wait until they write and then respond to that

If there has ever been a six year gap and no court claim was ever started, then it's statute barred.