Debt Chasing

david_thomasuk
david_thomasuk Posts: 1 Newbie
in Loans
I recently was contacted regarding a debt that was incurred many years ago

The first thing I object to was that they wrote to me at a friends address which I had never
supplied them with so they have obtained this address from somewhere without my permission as I would never have someone write to me there , this is clearly a breach of data protection.
The second thing is the debt is from over 6 years ago and it was my understanding that after 6 years a debt is no longer valid, am interested to hear more on these 2 issues.
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Comments

  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
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    The data protection you mentioned would not really apply as you did not supply them with the data.

    If you have not acknowledged the debt for over 6 years and it was not secured on anything then it would be statue barred.
  • ciderboy2009
    ciderboy2009 Posts: 1,154 Forumite
    First Post First Anniversary Name Dropper Car Insurance Carver!
    As foxy-stoat said.

    To make it a bit clearer - the 6 years runs from when you last paid anything towards or otherwise acknowledged the date - not from when it started.

    But bear in mind that creditors can still chase a statute barred debt - they just can't enforce it.
  • Mrsdstar
    Mrsdstar Posts: 25 Forumite
    Not sure how to start a forum....have a question about a debt and wondering if statue barred.!
    Debt happened while living in England 5 years 8 months ago. I know statue barred in 6 years...but I live in Scotland where statue barred is 5 years....


    So is it statue barred already or will it be 6 years since that is where the debt occurred?
  • Farmer_Johnson
    Farmer_Johnson Posts: 124 Forumite
    Mrsdstar wrote: »
    Not sure how to start a forum....have a question about a debt and wondering if statue barred.!
    Debt happened while living in England 5 years 8 months ago. I know statue barred in 6 years...but I live in Scotland where statue barred is 5 years....
    So is it statue barred already or will it be 6 years since that is where the debt occurred?
    What do you mean by the debt “occurred”? The clock starts from the date of action, which is now when you took the debt out.
  • Mrsdstar
    Mrsdstar Posts: 25 Forumite
    So it is an old water company debt from a house I lived in from December 2012-April 2013.

    The last contact and or payment was April 2013.

    Because I live in Scotland it is already statue barred....or because the debt occurred in England is it statue barred in April 2019?
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    First Anniversary First Post Debt-free and Proud!
    ciderboy2009 wrote: »
    the 6 years runs from when you last paid anything towards or otherwise acknowledged the debt

    Also, the acknowledgement must be in writing.
  • Mrsdstar
    Mrsdstar Posts: 25 Forumite
    Thank you for the replies....I was just confused because I thought in Scotland it is 5 years and because I live in Scotland I wasn't sure if those rules applied to me.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    Mrsdstar wrote: »
    Not sure how to start a forum....have a question about a debt and wondering if statue barred.!
    Debt happened while living in England 5 years 8 months ago. I know statue barred in 6 years...but I live in Scotland where statue barred is 5 years....


    So is it statue barred already or will it be 6 years since that is where the debt occurred?

    If you lived in England then it will be 6 years until statute barred - the fact you have moved to Scotland is not relevant.
  • fatbelly
    fatbelly Posts: 20,452 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Mrsdstar wrote: »
    Not sure how to start a forum....have a question about a debt and wondering if statue barred.!
    Debt happened while living in England 5 years 8 months ago. I know statue barred in 6 years...but I live in Scotland where statue barred is 5 years....


    So is it statue barred already or will it be 6 years since that is where the debt occurred?

    If you live in Scotland you are subject to the laws of that country. It will be 5 years until statute barred - the fact you took out the debt in England is not relevant.

    http://www.govanlc.com/suedinengland.htm
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Name Dropper First Post First Anniversary
    fatbelly wrote: »
    If you live in Scotland you are subject to the laws of that country. It will be 5 years until statute barred - the fact you took out the debt in England is not relevant.

    http://www.govanlc.com/suedinengland.htm

    I stand corrected.
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