Statute barred debts and the Limitation Acts

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  • ClioScott
    ClioScott Posts: 58 Forumite
    First Anniversary Combo Breaker First Post
    Been following this thread with interest and i have a question regarding 2 Barclay's Accounts that I believe are Statue Barred.

    Account 1 - Personal Loan

    Account Start - 11/04/2012
    Last Payment - 11/06/2012

    Account 2 - Personal Loan

    Account Start - 01/05/2012
    Last Payment - 11/06/2012

    I've had no contact with Barclay's since taking these loans out, would these be statue barred now?

    Cheers
  • poppasmurf_bewdley
    poppasmurf_bewdley Posts: 5,909 Forumite
    Name Dropper First Post First Anniversary
    ClioScott wrote: »
    Been following this thread with interest and i have a question regarding 2 Barclay's Accounts that I believe are Statue Barred.

    Account 1 - Personal Loan

    Account Start - 11/04/2012
    Last Payment - 11/06/2012

    Account 2 - Personal Loan

    Account Start - 01/05/2012
    Last Payment - 11/06/2012

    I've had no contact with Barclay's since taking these loans out, would these be statue barred now?

    Cheers

    From what you have told us above, yes. Provided you have made no payment OR acknowledged either of the debts in writing.

    But ... statute barred occurs six years from when the debt became due, not when the last payment was made. So assuming the next payments became due a month after those mentioned above, you will be safe.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • ClioScott
    ClioScott Posts: 58 Forumite
    First Anniversary Combo Breaker First Post
    Many Thanks for your quick reply.

    No payments have been made or any contact at all has been made with Barclays.

    Last letter I received was from Moorcroft in 2015, no CCJs registered or anything.

    The payments were monthly for the loans so the next would of been due on the 11th July 2012 which wasn't paid and I've had no further contact with them.

    Cheers
  • cal5607
    cal5607 Posts: 3 Newbie
    First Anniversary Combo Breaker
    Hi, I have lived overseas for the past 11 years.

    My mother in law received a letter from a debt collector (HOIST FINANCE UK HOLDINGS 1 LTD) for a credit card from 2008 that is unpaid, 6,292.39GBP.

    I have had the odd letter over the years from different DCA's each time. I have not responded. No CCJs registered that I can see.

    I am unsure if I should contact the latest one now to negotiate a settlement payment or see if the debt is barred under statute because it is so old?

    Any advice welcomed. I want to move back to the UK in the summer and don't want to come back to hassle. I will need to build a new credit rating so whatever I do here I don't want it to affect my return.

    Advice welcomed.
  • poppasmurf_bewdley
    poppasmurf_bewdley Posts: 5,909 Forumite
    Name Dropper First Post First Anniversary
    cal5607 wrote: »
    Hi, I have lived overseas for the past 11 years.

    My mother in law received a letter from a debt collector (HOIST FINANCE UK HOLDINGS 1 LTD) for a credit card from 2008 that is unpaid, 6,292.39GBP.

    I have had the odd letter over the years from different DCA's each time. I have not responded. No CCJs registered that I can see.

    I am unsure if I should contact the latest one now to negotiate a settlement payment or see if the debt is barred under statute because it is so old?

    Any advice welcomed. I want to move back to the UK in the summer and don't want to come back to hassle. I will need to build a new credit rating so whatever I do here I don't want it to affect my return.

    Advice welcomed.

    After all this time, the debt will be Statute Barred. No harm sending them the appropriate letter:
    https://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

    Even if a CCJ has been taken out (which doesn't sound likely) they would have to go to court after six years to explain why they've not done anything about it. Don't sign the letter, just print your signature.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • fatbelly
    fatbelly Posts: 20,485 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    I agree. That's the hybrid letter that says you don't know what the debt is but from the information provided it would be statute barred anyway.

    Should kill it off.
  • Just_Di
    Just_Di Posts: 385 Forumite
    First Anniversary Name Dropper First Post Photogenic
    I'm posting this important Court of Appeal judgment from last week since it impacts on the legal interpretation of when a debt is Statute Barred regardless of the last payment or acknowledgement.

    You'll see that the Default is now relevant > http://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html

    Lower courts (DJs in county courts) must follow the decision of a Higher court (COA).

    Di
  • fatbelly
    fatbelly Posts: 20,485 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Just_Di wrote: »
    I'm posting this important Court of Appeal judgment from last week since it impacts on the legal interpretation of when a debt is Statute Barred regardless of the last payment or acknowledgement.

    You'll see that the Default is now relevant > http://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html

    Lower courts (DJs in county courts) must follow the decision of a Higher court (COA).

    Di

    Thanks, Di. Doyle v PRA Group appears to be a game-changer.
  • Stubie1987
    Stubie1987 Posts: 8 Forumite
    Does this come in to play straight away as i have debts due to become statute barred by the end of Feb but the default dates on them are April 4th?
  • fatbelly
    fatbelly Posts: 20,485 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Stubie1987 wrote: »
    Does this come in to play straight away as i have debts due to become statute barred by the end of Feb but the default dates on them are April 4th?
    Yes, if it's a Consumer Credit Act debt, case law now says that the default date (actually the expiry date of the default notice) is the cause of action.
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