Statute barred

jknowles

Thanks George for the advice. I'm just waiting to hear from them again because I've asked for a copy of the bill that has created this so called debt. Then I will send them a SB letter if the date matches the date that I have.

jknowles

Whoops, I was on page 10 not 11 when Mark, you asked what DCA means.
Wakey wakey, time for a coffee I think!!!

Mark_the_owl

2 sugars for me Jo!

attilathepun

I have just read all of this thread and enjoyed it all
My question is, does statute barred apply the person to person loans, as in I lend you money, you don't pay anything back for six years, can you have the debt statute barred?

GeorgeUK

It sounds as though that would be between you and the other person. Usually these types of agreement do not have a legally binding contract.

It may be the case however that you can reclaim not from when the money was given, but for 6 years from the date when you became aware of the breach/fraud/concealment/whatever. This is really a legal question but i think the clock would only start after you became aware that there was no intention to repay the debt - so could be 20 years.

shimana

Hi,
I have just read your post and im new to the site....but I have had a similar problem. Sorry couldnt find where to post so found it easiest to reply to you !...I have a similar problem. I had credit card debts because of ill health from 2004. I have lived abroad until very recently and before I left uk, I lived at my mothers for a very brief period. She said she had some letters from debt collectors but just ignored them and neither of us have heard anything since. None of these letters were answered or replied to so there has basically been no contact made with them by me. Does this mean that because six years has passed the defaults are now automatically statute barred debts? I seem to remember my mother mentioning a letter from mc kenzie someone or other whom I did not recognise or have any knowledge of.I now know from reading these posts that they take over debts, if so does statute barred apply to them as well ? Also,will this affect any future credit should I apply for anything. Any advice would be much appreciated.
many thanks,
shimana

Tixy

Hi Shimana

It really depends on when you last made the payments to the credit card companies. This is the key date for looking at whether it could be statute barred. If your debts go back to 2004 when did you last make a payment? They could already be statute barred if it was before June 2004, but if it was after they could not be.
Also if any of your creditors has taken out CCJs in your abscence from the country then again your debts would not become statute barred.

If a debt was statute barred then that would apply whether it was with the original creditor or any other debt collector.

With regards to your credit rating, if there are CCJs then this will seriously impact on your chances of getting credit for6years from the date of any CCJ.
If there are no CCJs then it depends on when they were defaulted - they should be within 6months of you stopping paying, defaults last for 6years on your credit file. So its possible that the debt could be statute barred but still be showing a default for a few months after, in which case it would still be affecting your credit file.
There is also the possibility that a creditor or debt collector has incorrectly put in a more recent default date if this is the case you would have to try to get it corrected or face an even longer period of having your chances of credit affected.

jknowles

Hi all,

I've had some great advice on here about what to do in regards to a debt agency that keeps chasing me for a debt over 7 years ago but now I've received another letter from them stating that they have had a response from their client (after originally asking for a copy of this alleged amount) and that I have to call them to discuss the matter.

I am extremely sceptical in calling them because they may twist my words and also I won't have anything in writing just a verbal telephone call. I am thinking about writing a letter to ask if they can explain their response in writing that way I have proof and wondered if I can do this and if this is acceptable?

Many thanks
Jo

GeorgeUK

Do you know when you last made a payment towards this debt?

If you do write to them, make sure that at the top of the letter you state:
I DO NOT ACKNOWLEDGE ANY DEBT OWED TO YOU OR ANY COMPANY YOU REPRESENT

I wouldn't bother calling them though. You wrote to them - they can write back.

jknowles

Thanks George,

I haven't made any payments or acknowledged that the debt is mine since they first started sending me letters.

Sorry if I appear stupid but do I still put what you wrote in capitals to the debt agency? I've put in my letter that I'm not at liberty to discuss the matter further by telephone and that they can put the response in writing.