Statute barred debts and the Limitation Acts

fermi · 16 February 2012 at 10:24PM

No, it doesn't count an an electronic signature.

Typing your name is fine.

Chris76 · 19 February 2012 at 12:46AM

Thank you for your advice I'll send the letter to them and hopefully they will leave it at that. Can they knock on my door? I really don't want them coming to my house.

Almac7 · 19 February 2012 at 9:16PM

Is there a way of finding out when you made the last payment to the original creditor without the likes of Aktiv Capital (in my case) finding out? My bank account at that time is long closed. I am getting mixed messages on my final question from several sites... In Dec 2009 Aktiv wrote to me offering a big discount which suggests to me that it is statute barred. I had been living with my elderly father with the same name and on moving to another address, I wrote to Aktiv merely telling them of my new address so that my father wouldn't open a letter with his name on it asking for a major sum of money. Surely just advising them of a new address, considering they were asking me for money, would not be seen as acknowledging the debt itself. I was merely wishing to debate with them what their invoice was about as I had never had any dealings with them before. Would the more than 50 per cent discount they were offering suggest it was, indeed, statute barred. I have not heard from them since then, Dec 2009.

Chris76 · 19 February 2012 at 10:45PM

No I wouldn't have a clue when the last payment was made, the debt is from when I was about 19 I'm 35 now so it's actually about 16 years old I've had advice from citizens advice and they wrote to the first company that tried to claim on it and it stopped straight away, over the years I think I've had about 5 debt companies try to claim on it as its obviously been sold on a few times and I've never even bothered to write to any of them as its statured barred and when I rang citizens advice they said to just ignore it as it is a very old debt thats statured barred and they don't stand a chance of getting me to pay it so I'm unsure of whether to even send a letter as I know for sure they can't get any proof of contact with the original debt as its been so long even I can't rememeber. Should I carry on as I always have and just ingnore it or send a letter? If the previous 5 companies have given up I know legally I don't have to pay it. Can they knock on my door? And if yes do I "have" to say who I am or can I say "go away"??? Thanks

dazzler123 · 23 February 2012 at 10:36PM

Hi there, I was wondering if someone could advise me: I have several defaulted debts in the hands of DCAs, the defaults ranging from 2005 to 2007.

After trying to come to agreements over the phone 4 or 5 years ago, it all fell apart due to the DCAs agressive tactics and my inability to pay what they were demanding. Anyway, I've steered clear of any contact since then (I receive the usual threatening letters, but they usually get sold on to a different DCA after a few months).

I have genuinely wanted to pay these debts off and be rid of it, but never been able to afford to.

I'm now in a position to pay them off, gradually (total debt is around 3.5k, could spare around £150 a month max for repayments).

The question is, in doing so, will I be "resurrecting" the debts and making them stay on my file for a further 5 years, by acknowledging the debts? Since Scottish SB debts are "extinguished" after 5 years, should I just wait it out for them to disappear from my file (and do they really disappear?)? I know that sounds like shirking my responsibilities, but I don't want to be foolish and go another 5 years of this.

Any help appreciated!

Tixy · 23 February 2012 at 10:43PM

If you start paying now it won't make a difference to how long it will stay on your credit file. They will be on for 6years from the date of original default regardless of what you do now. And once they are gone from your file they are gone for good (except for if any take court action).

But if you pay now you will restart the clock for statute barred debt purposes (if they are not already SB).

How close are they to being SB? do you know the dates you last paid to each?

dazzler123 · 23 February 2012 at 10:54PM

I'm going to sift through all the documents over the weekend and get things in order, but I'm sure I figured out the last debt would be SB by 2013.

Thanks

sgtbush · 10 March 2012 at 5:11PM

there is a point everyone misses about statute barred-- what is the debt for?? if its civil then it can be statute barred, if its a magistrates fine, vat,tax nndr council tax or any moneys owed to the government or fines then statute bars do not apply

taffy056 · 10 March 2012 at 5:24PM

sgtbush wrote: »

there is a point everyone misses about statute barred-- what is the debt for?? if its civil then it can be statute barred, if its a magistrates fine, vat,tax nndr council tax or any moneys owed to the government or fines then statute bars do not apply

Yes but there would be bailiffs chasing for fines etc I should imagine not useless scummy debt collectors, for taxes the government I understand use IQOR. And providing there is no liability order I believe council tax can come statute barred as they can't apply a LO after 6 years.

sgtbush · 10 March 2012 at 5:47PM

no council tax is excempt from statute barring-- and anyways if you refuse to pay council tax even before the 6 years is up you would be serving time in prison for non payment

Statute barred debts and the Limitation Acts

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