We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Statute Barred debt query
kinny999
Posts: 28 Forumite
I'll keep it short but I have a debt to a large financial company from some years ago and it's approaching the 6-year point without contact.
I was paying it off and at the time they could "only" set up recurring payments as part of a plan for a maximum of 12 months; which I did.
At the 13-month point with no contact from them, I called them several times to try and set up another 12-month term, but they couldn't put me through to anyone who could or would do this, so I left it at that basically saying " You have literally every way of contacting me on your records, I won't be chasing you again, I'll wait to hear from you when you'd like me to start paying you again"
It's now approaching 6 years since the last contact with them and they have yet to even attempt to contact me for the debt. ( which staggers me as its close to a £2000 debt and they're a huge company with all my contact details on record)
Now I'll have to seek absolute clarity via Experian or similar but, I'm just asking ahead of time to try and clarify that I can go through the statute-barred process as detailed in the sticky thread.
Massive thanks for any advice or clarity anyone can add
I was paying it off and at the time they could "only" set up recurring payments as part of a plan for a maximum of 12 months; which I did.
At the 13-month point with no contact from them, I called them several times to try and set up another 12-month term, but they couldn't put me through to anyone who could or would do this, so I left it at that basically saying " You have literally every way of contacting me on your records, I won't be chasing you again, I'll wait to hear from you when you'd like me to start paying you again"
It's now approaching 6 years since the last contact with them and they have yet to even attempt to contact me for the debt. ( which staggers me as its close to a £2000 debt and they're a huge company with all my contact details on record)
Now I'll have to seek absolute clarity via Experian or similar but, I'm just asking ahead of time to try and clarify that I can go through the statute-barred process as detailed in the sticky thread.
Massive thanks for any advice or clarity anyone can add
0
Comments
-
What is the default date of the account, does it show on your credit files?
The cause of action date is deemed to be the date of default, or, if that does not apply, the last time payment or written contact was made.
Don`t go contacting them, leave them well alone for now.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
TBH I'd just leave it. It will become statute barred but there's no reason to pick an argument with them about it.
If they're not writing, leave it alone.
If they do write, then that is the time to send a SB letter
Hopefully it doesn't appear on any credit file as it was more than 6 years ago that it defaulted1 -
Cheers folks, I think that's where I need to seek clarity, what am I looking for as where the 6 yr timer starts?
It's still on my credit file and I could probably find the last payment simply by going through bank statements etc
I will at the very least keep my gob shut as far as contacting them goes for the forseeable.
*Should* it drop off my credit report after the 6 years or is action to Experian/Equifax required on my behalf?
Again, hugely appreciative of the advice, I'd ordinarily bury my head a bit and " do it another day"
😁0 -
I refer you to my first question -kinny999 said:Cheers folks, I think that's where I need to seek clarity, what am I looking for as where the 6 yr timer starts?
😁
"What is the default date of the account, does it show on your credit files?"
"The cause of action date is deemed to be the date of default, or, if that does not apply, the last time payment or written contact was made".
I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
The timer starts at the default date, thanks to a court case whose name I forget.
It can be restarted by payment or written acknowledgement.
In a separate issue, the entry stays on your credit file for 6 years after it is defaulted or settled, whichever happens sooner.
So the fact that you can still see it on your file must mean that it isn't statute barred yet.0
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.7K Banking & Borrowing
- 254.2K Reduce Debt & Boost Income
- 455.1K Spending & Discounts
- 246.8K Work, Benefits & Business
- 603.3K Mortgages, Homes & Bills
- 178.2K Life & Family
- 260.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards
