Statute barred

DarkConvict

6 years from last payment or written acknowledgement from the account holder. It is your actions that affect the date, not the creditors.

So placing defaults, late payments, asking for payments, sending statements does not affect the 5/6 year date.

This is why there is a court process, if a creditor wishes to secure the debt they have to apply and get granted a CCJ within 6 years of your last action. They can do it if over 6 years but you just need to attend or set aside the CCJ and show it is statute barred, this defence would stop a CCJ been granted.

caithgal

If the company has been sending out statements but my mate hasnt replied, acknowledged or telephoned them does that affect the loan becoming statute barred?

RAS

Do double check this re Scottish law, but in E&W the issue is written acknowledgement by the debtor. Does not matter how amny times the creditor has written to him/her.

never-in-doubt

A debt comes out of statute barred status ONLY by making a payment or by writing in to the lender (with your signature). Phone calls, statements, misleading messages etc do not take an account out of SB status.

caithgal

All the help here has been invaluable. can someone help me find the correct letter to have a debt statute barred for scotland please x

fermi

caithgal wrote: »

All the help here has been invaluable. can someone help me find the correct letter to have a debt statute barred for scotland please x

http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I/we would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that:

"It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6of the above Act, I/we suggest that you are no longer able to take anycourt action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully






Mrs A N Other

caithgal

thanks you so much. sent the letter recorded on thurs so will have to wait and see. has anyone else done this and been successful? just wondering how long the wait will be for him

never-in-doubt

caithgal wrote: »

thanks you so much. sent the letter recorded on thurs so will have to wait and see. has anyone else done this and been successful? just wondering how long the wait will be for him

Its not a question of being successful or not, its the law! They have no choice, so long as your dates are correct of course.....

The wait is over, it is already statute barred so should be forgotten about from now on, the entry will be removed from your credit file after 6 years from date of original default (check this out and if already 6+ years then speak to the CRA who will remove the entry).

caithgal

hi i have already checked the creditexpert file and its not on it any longer. im just hoping that a letter to confirm aits all over will come soon to put an end to it for him x

never-in-doubt

caithgal wrote: »

hi i have already checked the creditexpert file and its not on it any longer. im just hoping that a letter to confirm aits all over will come soon to put an end to it for him x

Yes the letter you sent ends it - totally. The fact it has gone from his CRA file tells you that