Debt over six years old

hi
can anyone help me. my partner started paying back a debt in sept 2006 that was over six years old. she has repeatedly asked for a breakdown of the debt as it had grown by over £4000 in the six years. she just gets told on the phone that the debt has passed through a lot of dca's. because of the constant threat of court action she agreed to pay. can she still claim that the debt was statute barred if she can prove no contact or acknledgment in the six year period. or if this is not the case can she demand they provide a statement listing what all the charges are for.

gary
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Comments

  • nimbo
    nimbo Posts: 3,698
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    i don't know about the statute barred question, but there are instructions about asking for a copy of the original credit agreement, and if the debt has been passed from piller to post there is a chance that it might well be 'lost' and that she may be ablre to get the debt written off that way...

    Stashbuster - 2014 98/100 - 2015 175/200 - 2016 501 / 500 2017 - 200 / 500 2018 3 / 500
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  • 10past6
    10past6 Posts: 4,962 Forumite
    Hello Gary :hello:

    Welcome to the forum, firstly, was the debt over 6 years old prior to your partner starting to make payment?

    At this stage, as payment is being made, I suggest you send the following letter to the DCA she's paying:

    Your Address

    Date
    DCA / Creditor
    Address

    Dear Sir/Madam

    Re:− Account/Reference Number: XXXXXXXXX

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

    We enclose a £1.00 postal order which represents the fee payable under the Consumer Credit Act.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    We look forward to hearing from you.

    Yours faithfully

    DO NOT SIGN THE LETTER, ONLY INITIAL IT, and send by recorded delivery.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • nimbo
    nimbo Posts: 3,698
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    sorry obviously cross posted...

    Stashbuster - 2014 98/100 - 2015 175/200 - 2016 501 / 500 2017 - 200 / 500 2018 3 / 500
    :T:T
  • hi
    yes it was six years old and more when she started paying it again
  • Yes nimbo is right on the "complete credit agreement" of which they must provide and prove the debt exists,BUT because you have paid some money towards this debt i am sure that the statute bar thing is now void cos by paying you have admitted the debt,this means youd have to start the 6 years again,i would get advice from ccc`s or citizens advice for the facts.hope this helps.

    JUST ANOTHER VICTIM OF GREAT BRITAIN PLC !!!!
  • 10past6
    10past6 Posts: 4,962 Forumite
    GAZZZZAMAN wrote: »
    hi
    yes it was six years old and more when she started paying it again
    OK, send the letter that I've included in my post above.

    If they are unable to produce the agreement, it means the debt becomes unenforceable, NOT WIPED OF.

    They have 12+2+30 days to respond, although those are in stages.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • fermi
    fermi Posts: 40,546
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    GAZZZZAMAN wrote: »
    hi
    yes it was six years old and more when she started paying it again

    In that case it may well still be "statute barred" despite any recent payments.

    You can read more here:

    Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)
    If you have started to make payments on a debt where there was more than a six-year gap then it is probably unenforceable

    If you are unsure what to do then please call National Debtline free on 0808 808 4000. They have professional debt advisors who should be able to help you work out whether the debt is "time barred" or whether the best bet is to send a letter similar to those already posted.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • fermi
    fermi Posts: 40,546
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    10past6 wrote: »
    OK, send the letter that I've included in my post above.

    That is jumping the gun a little. If the debt is statute barred then there is no need to get embroiled in asking for copies of any agreement.

    Talking it through with a professional advisor would be the best way to sort out the appropriate tack I think.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • 10past6
    10past6 Posts: 4,962 Forumite
    fermi wrote: »
    That is jumping the gun a little.

    Yes maybe Fermi, but even I've experienced a DCA stating as payment is being made, then it's not statue barred, I then asked for my CCA, only when they could not produce it did the debt become unenforceable.

    The advice I offered to the OP, was to save them time, and further dispute with the DCA.

    The OP must decide on what is best for them once they have taken professional advice.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • fermi
    fermi Posts: 40,546
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    10past6 wrote: »
    Yes maybe Fermi, but even I've experienced a DCA stating as payment is being made, then it's not statue barred,

    Well I'm afraid that DCA was probably talking through their backsides.:rolleyes:

    Once a debt becomes statute barred, later acknowledgement or payment can't change that.

    The best way to save time would be to talk it through with National Debtline or CCCS and see what they recommend.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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