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Credit file confusion

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Hi I’m really confused about the statue of limitations and status barred on credit forums. 
I have several unresolved debts which I have buried my head in the sand with. The will these be non enforceable after this month? And should these drop off my credit file? 
I also have Lowell and Link accounts on my file from last year with two debts from credit cards which I’ve don think the debts are enforceable from Tesco finance c/c and capital one who said they were writing of the debt. 

I’m really confused by the situation and looking for help, please no harsh or negativity I went through a horrendous time in November/december 2017. 

Comments

  • sourcrates
    sourcrates Posts: 31,504 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 20 July 2024 at 12:28PM
    First off, this isn`t America, in the UK its the "limitation act 1980" , and we refer to debts as being "statute barred".

    The legislation applies to England & Wales, in Scotland the law is different.

    Basically any simple contract debt that has not been paid or acknowledged in writing, for any period of 6 years since the date it defaulted, will become what is referred too as "statute barred".

    This means that time has run out to collect on this debt, so the creditor can no longer use the courts to enforce their rights.

    However, that doesn't mean the debt no longer exists, they can still write to you asking for payment, you in turn must respond by sending the statute barred letter to them, informing them of the debts status, once this is sent, and they agree, then collection activity usually stops, and the debt remains that way forever.

    There can of course be disputes, so if that becomes the case, you will need to post back with specific details, but that is the gist of the legislation.

    But regardless of what happens, they will automatically be removed from your file after 6 years.
    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-letter
  • Brie
    Brie Posts: 14,624 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    My understanding is that the debts are not collectible if you haven't, in writing, said that you owed the money.  As in "I know I had a debt but can't afford anything right now".  And then 6 years from that even if it does drop off your record.  

    I also have Lowell and Link accounts on my file from last year with two debts from credit cards which I’ve don think the debts are enforceable from Tesco finance c/c and capital one who said they were writing of the debt. 

    With these - are they as old and have you discussed making payment arrangements at any point?  (again - admitting you owe it).  Even if they aren't as old and if you have been getting letters from Lowell & Link the thing you might do is to send them a prove-it letter asking in that for any credit agreement.  So they would need to provide you signing up for credit with the original companies as well as any correspondence about them acquiring the debt or the fact that they are helping with collections.  If you have any proof at all that things have been written off then you could simply give them a copy of that. 

    Write, don't email or phone as you don't want them to have an easy way to bother you.  Prove-it letter is available on the debt free board.  
    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions 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.

    Click on this link for a Statement of Accounts that can be posted on the DebtFree Wannabe board:  https://lemonfool.co.uk/financecalculators/soa.php

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  • fatbelly
    fatbelly Posts: 22,924 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    The app you are using isn't giving the detail you need. Your debt will go statute barred 6 years after the default date if you have not acknowledged the debt by payment or in writing and if no court claim has been started.

    So get a couple of statutory reports

    And if you get a preaction letter, the sort that comes with a standard reply form and 30-day limit, post a new thread on the dfw board
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