Old Banking debt pre 2000 22 July 2022 at 10:27AM in Debt-free wannabe 6 replies 221 views

GotPrincess

Hey guys pretty much got on top of all my debts now around 6k worth and this one just re popped back up ive ignored it for a long time due to it being for charges related to an overdraft that wasnt athuroised I cant remember the details I most likely was in the wrong but the charges have snowballed since the innceident in 2000.

Ive had letters once or twice a year from hoist finance in relation to the TSB now Llyods ( Since Merger ) debt asking for the £900 I was wondering if there is any legal recourse they can take I assume I will have a CCJ against me however no attempt has ever been made to collect 

Would this drop of my file in 6 years as credit related debts do or is this one that sticks until you pay?

Any advice how to tackle this is there any challenge I can make asking for proof?

Should I look anywhere for CCJ being posted against this debt

Or should I just ignore this like I have for the last 22 years and carry on with life

sourcrates

Your post throws up more questions than answers.

Why do you assume you have a CCJ for this debt, have you ever been taken to court for it, you must know if that were the case surely ?

Also why is a 20 year old defaulted debt still showing on your credit file, it should have disappeared at the 6 year mark ?

Are you aware of the limitation act 1980 ?
 
It states that - if you have not paid or acknowledged the debt in writing, for any period of 6 years, and no legal action has been taken, then the debt will be statute barred, and you don`t have to pay it.

GotPrincess

sourcrates said:

Your post throws up more questions than answers.

Why do you assume you have a CCJ for this debt, have you ever been taken to court for it, you must know if that were the case surely ?

Also why is a 20 year old defaulted debt still showing on your credit file, it should have disappeared at the 6 year mark ?

Are you aware of the limitation act 1980 ?
 
It states that - if you have not paid or acknowledged the debt in writing, for any period of 6 years, and no legal action has been taken, then the debt will be statute barred, and you don`t have to pay it.

Hey Sorry for confusion,

Honestly I'm ASSUMING there was a court case which i most likely ignored I could be wrong however the facy no collection or enforcement has taken place is confusing as they have had my address for the 20 past X amount of years as I have had polite letters asking for payment surely if they had a judgement they would just have collections at my door?

I'm not saying its on my file in all honestey I've not looked at my file in ages but since the debt was in the year 2000 I will assume its no longer on my file

In regards the 1980 act I'm not sure what your refering to as I thought this was just for items such as loans, mobile phones etc and that banking related charges are always enforcable?

In regards Legal action you mean a CCJ issued against me in relation to said debt?

sourcrates

The Limitation act applies to any simple contract debt, which means literally any debt that is not otherwise secured.
However, if legal action has been taken (CCJ awarded) the limitation act no longer applies.

If the CCJ was granted more than 6 years ago, it won`t show anywhere now, so there would be no trace of it.

Another little quirk of the law, is that CCJ`s over 6 years old, cannot be enforced without consent of the court, and that is something that is rarely granted.

So to summarise, if you never had a CCJ for this debt, send the statute barred letter.
If you did have a CCJ for it, and its well over 6 years since issued, you can choose to ignore, as they will be well aware they cannot readily enforce this now.

GotPrincess

sourcrates said:

The Limitation act applies to any simple contract debt, which means literally any debt that is not otherwise secured.
However, if legal action has been taken (CCJ awarded) the limitation act no longer applies.

If the CCJ was granted more than 6 years ago, it won`t show anywhere now, so there would be no trace of it.

Another little quirk of the law, is that CCJ`s over 6 years old, cannot be enforced without consent of the court, and that is something that is rarely granted.

So to summarise, if you never had a CCJ for this debt, send the statute barred letter.
If you did have a CCJ for it, and its well over 6 years since issued, you can choose to ignore, as they will be well aware they cannot readily enforce this now.

Can I risk poking the bear and say that due to the act and time frasme elapsed they cant enforce it or will have issues doing so?

sourcrates

Well a sure fire way of finding out its status, is if you send them the statute barred letter.

If they reply quoting a CCJ reference number, then you`ll know won`t you, and can respond back accordingly. 

GotPrincess

sourcrates said:

Well a sure fire way of finding out its status, is if you send them the statute barred letter.

If they reply quoting a CCJ reference number, then you`ll know won`t you, and can respond back accordingly. 

Great idea,

Thank you for the advice