Debt question
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adam30
Posts: 2 Newbie
Dear All
I have an old debt (£3500) from a credit card which I have struggled to pay off for a good number of years. This debt has been passed to a legal firm called BW Legal via Lowell Fin. I cannot remember the last time I made a payment on this card, must of been over 5 years ago.. A friend at work mentioned that if I have not made a payment for at least 6 years, i can fight to have the debt written off - ist his true? How can i check when the last payment made was over 6 years ago? And if it was 6+, then how do I process this argument?
I could really do with some facts about this.
Thank you for your time
Adam
I have an old debt (£3500) from a credit card which I have struggled to pay off for a good number of years. This debt has been passed to a legal firm called BW Legal via Lowell Fin. I cannot remember the last time I made a payment on this card, must of been over 5 years ago.. A friend at work mentioned that if I have not made a payment for at least 6 years, i can fight to have the debt written off - ist his true? How can i check when the last payment made was over 6 years ago? And if it was 6+, then how do I process this argument?
I could really do with some facts about this.
Thank you for your time
Adam
0
Comments
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I think you are referring to the Limitations act 1980.
In England and Wales the limitations period is 6 years, in Scotland it is 5 years.
If you have not paid or made written acknowledgement within that time frame then the debt will be statute barred, normally the clock will run from the date of your last payment.
The defense would be :
Time limit for actions founded on tort.
"An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued".
There is no easy way to check when this was unless you have records of your own, it may tell you on your credit file, but then if it is showing, it will not of been 6 years.
If you are certain of your time frame, you Google "statute barred debt template letter" and send that to the creditor, this does not mean the debt does not exist, it just means the creditor cannot use legal means to enforce it.
Info here :
https://www.legislation.gov.uk/ukpga/1980/58I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
i can fight to have the debt written off
In England and Wales the debt is not written off, but does become unenforceable as sourcrates has explained.I used to think that good grammar is important, but now I know that good wine is importanter.0 -
Thank you for the replies.0
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