Contact from creditor after 10 years.

minimad1970 · 10 August 2018 at 4:43PM

I was declared bankrupt precisely 10 years ago. I've just received a letter from Sainsbury's bank, it's a Notice of Sums in Arrears, this account was included in my bankruptcy. This is the first time I've heard from them in 10 years. It says " You've failed to pay the monthly minimum payment to your credit card for the last two months either by not paying any amount or by paying less than the minimum payment. Under the Consumer Credit Act 1974 we must send you this notice."

Before I ring them does anyone know if this a usual thing or is it something that I should be concerned about?
Thanks.

Willing2Learn · 10 August 2018 at 4:46PM

If you've not heard from them in ten years, not made any payments to them, not acknowledged the debt in some way, then I believe the debt becomes statute barred after six years of no contact (five years in Scotland).

Edit: See the thread Statute barred debts and the Limitation Acts. There are template letters within this thread that you can send to the creditor.

minimad1970 · 10 August 2018 at 5:01PM

Willing2Learn wrote: »

If you've not heard from them in ten years, not made any payments to them, not acknowledged the debt in some way, then I believe the debt becomes statute barred after six years of no contact (five years in Scotland).

Edit: See the thread Statute barred debts and the Limitation Acts. There are template letters within this thread that you can send to the creditor.

Thanks. I've had no contact from them and I've made no payments in 10 years. I'll have a read of that thread.

Willing2Learn · 10 August 2018 at 5:09PM

It may be that because the debt was included in the bankruptcy, another rule or piece of legislation then becomes applicable. But I don't know. Best to wait for responses from other MSEers before acting.

National_Debtline · 10 August 2018 at 5:23PM

Hi minimad1970

It doesn't sound like you are being asked to pay the debt, but more like a standard letter has been sent. This may have been computer generated. You could choose to contact them to say the debt was written off when you were discharged from bankruptcy and ask them to update their records accordingly.

If the debt still existed it could be statute barred but the fact that it was included in your bankruptcy means you no longer have any liability to pay.

Best wishes

Susie
@natdebtline

minimad1970 · 10 August 2018 at 5:51PM

Thanks Susie. It doesn't read like they're asking me to pay, which makes me wonder what's the point of the letter.
It's got this section,

Payments Due
26 June 2018 Contractual Minimum Payment £0.00
30 July 2018 Contractual Minimum Payment £0.00

Payments Received
£0.00

Total Payments Not Received in the last two months £0.00

To me it reads like they're asking me for nothing!!

Craig1981 · 10 August 2018 at 7:28PM

i used to get these type of letter as well whilst in my IVA, more of a statement of account/affairs than anything else

JCS1 · 11 August 2018 at 7:30PM

Did you do a credit file clean up after your BR?

minimad1970 · 11 August 2018 at 10:53PM

JCS1 wrote: »

Did you do a credit file clean up after your BR?

Yes I did.

National_Debtline · 13 August 2018 at 11:28AM

Hi again minimad1970

They're not asking you to pay so there's really nothing to worry about. If you wanted to you could contact them to query it, but equally you could just ignore it.

Best wishes

Susie
@natdebtline

minimad1970 · 13 August 2018 at 3:25PM

National_Debtline wrote: »

Hi again minimad1970

They're not asking you to pay so there's really nothing to worry about. If you wanted to you could contact them to query it, but equally you could just ignore it.

Best wishes

Susie
@natdebtline

Thanks, that's what I thought. It's just weird to hear from them after so long.

Contact from creditor after 10 years.

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