Newbie post! Is this classed as Statue Barred? Advice please 😊

MissMoneypenny11

I had a default that come off my credit rating a year ago. During this time I had no contact from the company, and I made no contact with them. In fact I don’t think I ever acknowledged the debt, which is why I ended up with the default….
a few months after this default came off, I started to get letters and emails, probably every 6 months, telling me I had a debt with them and to ring and make a payment plan. I’ve continued to ignore these letters/emails, so it’s 7 years now since the default was made.

I read something about statue barring for debts in this situation…is this what it is? Am I eligible to apply this term to this debt?

If so, what do I do now..do I respond to a letter, if so what do I state? 

I don’t want to end up having to pay for it and it affecting my credit rating as I’ve worked really hard to get out of bankruptcy, 2 defaults and finally get my credit rating up to excellent…it’s taken 11 years!

Thanks in advance.

sourcrates

Any simple contract debt that remains either unpaid, or not acknowledged in writing, for any period of 6 years (England & Wales) or 5 years in Scotland, will become statute barred under sec 5, limitation act, 1980.

This means a creditor cannot use the courts to enforce the debt, if you think one or more of your debts are statute barred, then you must send the statute barred letter to the creditor informing them of the accounts status.

You must be sure of your dates when you do this, as obviously your letter will formally acknowledge the debt, which doesn't matter, as long as the debt is barred, once barred, it cannot be unbarred.

You should never just ignore correspondence like this, as a creditor can still take legal action, and win by default, if you fail to deal with the court papers, thinking statute barred is a process that happens automatically, well it isn`t, you have  to invoke it.