can a DCA do a CRA search on a debt that is statute barred

saintorsinner

Can anyone help ?

I suffered a break down around 7 years ago , after a mountain of debts.

This debt became a CCJ and no payment was ever made on this debt.

I geninely forgot as I had 21 defaulted accounts

Ive turned my life around and thankfully are now paying the debt back to other creditors. (25k) . Most of the creditors are wonderful and know its gonna take 20 years plus.

A DCA is now making "outstanding debt searches" and now demanding payment.

What should I do , all my other debts are now off my CRF , I dont want it to happen again.

GeorgeUK

Have you talked to one of the free debt charities about your debt?

Professional, free and impartial advice on debt problems can be obtained from several charitable and 'not for profit' organisations. They never make a penny from the advice they give, which means it will be given with only your best interests at heart. You can contact:

Your local CAB Office and ask to speak to a 'money advisor'
The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111
National Debtline - Tel: 0808 808 4000
Payplan - Tel: 0800 917 7823

They should hopefully be able to advise what you should or shouldn't be paying. If you have a debt you have not made any payments to for 6 years and have not acknowledged the debt in writing, then it is statute barred and is unenforcable if you inform the collector of this. It's a little different with a CCJ though. If there has been a period of 6 years of no payment, then they will probably need to re-apply to the court for permission to enforce it.

rog2

Hi SoS - Debt Collectors do, unfortunately, search credit references on an almost continuous basis in their insatiable appetite for 'easy money'.
In saying that, though, debts which are six years old should not show up on your crf, so dca's tend to target those 'debts' which are just short of the six year 'limitation period', before a 'debt' becomes Statute Barred.
Debts which are subject to a CCJ, however, are not covered by the terms of the Limitation Act, and do not, in effect, become Statute Barred BUT, and it is a big 'but', in order to legally enforce a CCJ that is more than six years old, a creditor, or dca, would need to go back to the Courts to get permission to enforce it, and would need a pretty good reason for so doing.
As George says, have a word with National Debtline or CCCS.

Good luck.