How long can a debt be persued.

shadowdragon

Hi

General question

If you had debt from a company who fitted your double glazing 15-18 years ago, is the debt still valid and can they persue you for it?

Thanks in advance

shadowdragon.

newsgroup_monkey

Ooh one I can answer!

A debt becomes "Statute Barred" (i.e. not enforceable) after 6 years of the last payment HOWEVER if there is a CCJ against the debt, then it can be persued but only if the original creditor goes back to court and asks nicely.

The other thing of course is if you do have to pay it, it might be an idea to ask for the CCA. Most Double-Glazing companies (around here anyway) go bust every 3 or 4 years and then start up as a new company. I heard a lot of the paperwork gets shredded!

shadowdragon

This is definatley more than 6 years and passed to a collection agency. Ho well its not my debt im going BC but the person it belongs to is going to write to them for details, and we will take it from there, thanks for the answer. Dont have all the details at the moment.

Appreciate the quick response

shadowdragon

Just got more details from the debt collection agency, the debt was incurred in 1988, for a home improvement loan.

What would be the next step, would a letter written to the debt company explaining that this was statue barred and to strike it off of there records, or would it be better rining the CCCS for advice ect?

The debt was sold to the collection agency in 2003 will this make any difference to the "statute barred" status? I doubt any payments were made after 1990.


Again Thanks in advance any advice is very much appreciated

Shadowdragon

Broken_hearted

It can be persued forever if you are making payments but if they haven't been in contact for 6 years then its gone.

shadowdragon

Broken_hearted wrote: »

It can be persued forever if you are making payments but if they haven't been in contact for 6 years then its gone.

hmmm well they the debt collectors have been in "Contact" but only recently, does this mean its not "Statute Barred"

No payments made since circa 1990.

fermi

It is only acknowledgement or payment by YOU within the limitation period that can prevent a debt being "statute barred".

From a previous post of mine (saves typing).

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

Toon_Dave

Hi shadow..When did you last admit that you had received letters or taken 'contact' from them.

The statute law does saw that they have to contact you within 6 years so as its 1990 since payments have been made then i would think this will apply.

Also as you have decided on BR..Does it matter anyway as this would be included in the BR petition and the OR would decide then anyway.

Hope this helps.

fermi

If in doubt, get them to call National Debtline free on 0808 808 4000.

They will be able to talk it through with them and work out the correct legal position.

Toon_Dave

Thanks Fermi i read your post after i'd typed already. Does seem a bit rich they trying to claim back after all this time.

oops...just read initial posts and its not your debt shadow...Sorry bout that

shadowdragon

Thanks much appreciated, all sorted now thanks to the links, done the letter for her, and it will be winging its way tommorow. Gotta give em 10/10 for trying, I phone them to get details of the debt when who the originator was ect, the guy didnt really want to divulge the info, I think he knows whats coming next lol.

Again appreciate the help.

Shadowdragon.