Pursuing Debts after 6 years.

Hi

I have been on DMP with Stepchange over 6 years and the debts who all defaulted me are no longer on my credit file.

these debts came about when I went for the credit card loophole asking for the original contracts back in 08 and caused me to get into a situation where i couldn't ever get any credit for all this time.

I owed 3k on one card and 4k on another and Robinson Way who took over the original debts offered me a discount to 600 and 800 which is huge.

My question is however i am now going to have to pay 160 a month for a year to them

Do i have to pay as the debt over 6 years old and what would happen if I don't as I don't now want a CCJ
Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This 'limitation period' starts from the time of your last payment or acknowledgement of the debt, not the total length of time you've been making payments.28 Oct 2013:p
«13

Comments

  • If you are still paying, then they are still enforceable. If there had been a period of 6 years where you have no paid or acknoledged the debt, they're not.

    If the former and you stop paying, they may pursue a CCJ.
  • sourcrates
    sourcrates Posts: 28,717
    First Anniversary Name Dropper First Post Photogenic
    Ambassador
    Debts don't become statute barred if you have maintained payments to them, no matter how old they get, or who owns them.

    ZX81 sums it up nicely above.
    I’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-letter
  • GMac14
    GMac14 Posts: 77
    First Anniversary Name Dropper First Post
    Forumite
    Hi, slightly different question but along same lines.

    I have 2 defaults showing on credit file, Cabot are handling one for £950 and one showing with Hillesden for £5,800 last updated Feb 2016. I have had no contact either way re this amount since 2011, but default shows as July 2012, def no contact since default.

    Cabot dont have my up to date address details, so I had to e mail them to get the full reference number for the £950 debt so I can then go on to their website and make automated payments, paid a small amount as a test and now intend to pay around £150, possibly £250 per month.

    However, when they replied quoting the Reference number for the £950 debt, they also quoted a second number for the debt of £5,800, so I am thinking they have bought this debt from Hillsden. I replied to the email quoting ONLY the reference number for the debt of £950 and made no reference to the other amount/other reference number. I was specific in the e mail that my mail related only to the debt of £950 and only to the reference number attached to that debt.

    The amount for £5,800 will be 6 years old in July next year, I was hoping I might get away with this becoming statute barred. I just wanted clarification that providing I dont make any payments towards that debt and/or dont make any written acknowledgement of that debt, it can still become statute barred. Is this correct?

    Obviously, I realise I am running the risk of a CCJ being issued, once I have paid of the £950 debt I intend to have no further correspondence with Cabot but will be putting aside £250 per month so by the time July comes around I should have close to 3k put aside, just in case I need to make a big payment/do a deal/part settlement?

    Just looking to confirm that the email sent so far wont have any effect on larger debt possibly becoming statue barred and also any advice of how I would be made aware of an impending CCJ if Cabot dont have my address but do have my e mail and mobile number.

    Many Thanks
  • [Deleted User]
    [Deleted User] Posts: 35,242
    First Anniversary Photogenic Name Dropper First Post
    Forumite
    It shouldn't change the status of the larger debt, but I would expect them to argue that it has.

    The CCJ papers will be sent to the last address they have on file for you.
  • GMac14
    GMac14 Posts: 77
    First Anniversary Name Dropper First Post
    Forumite
    OK, many thanks. It guess it would be too much to expect for them to make me aware of an impending CCJ by e mail or phone call?!

    Looks like I have to play stick or twist!

    And yes, I know morally I should repay my debt, but whilst saving for a deposit for a house its tough, even though I respect my debt is small compared to what others owe and have paid back.

    In my defence I bought a coffee for Scott, (one of) the homeless chap(s) on Deansgate in Manchester last week, I helped and old lady across the street the week before and I also was honest when the corner shop gave me change for a £20 instead of a £10. Small things make a difference, something the wife keeps saying anyway.
  • GMac14 wrote: »
    OK, many thanks. It guess it would be too much to expect for them to make me aware of an impending CCJ by e mail or phone call?!

    Looks like I have to play stick or twist!

    And yes, I know morally I should repay my debt, but whilst saving for a deposit for a house its tough, even though I respect my debt is small compared to what others owe and have paid back.

    In my defence I bought a coffee for Scott, (one of) the homeless chap(s) on Deansgate in Manchester last week, I helped and old lady across the street the week before and I also was honest when the corner shop gave me change for a £20 instead of a £10. Small things make a difference, something the wife keeps saying anyway.

    Is it too much to expect for you to let your creditors know you've moved address and to update them? :cool:
  • [Deleted User]
    [Deleted User] Posts: 35,242
    First Anniversary Photogenic Name Dropper First Post
    Forumite
    GMac14 wrote: »
    It guess it would be too much to expect for them to make me aware of an impending CCJ by e mail or phone call?!

    They will have given up expecting you to respond by now and just want the charging order in place.
  • GMac14
    GMac14 Posts: 77
    First Anniversary Name Dropper First Post
    Forumite
    Yeah, I was getting around to that, honest........

    The whole point is trying to get away with this debt becoming statute barred. If I had the money, was able to pay this off and save up for deposit on a house at same time then I would happily pay my debts and feel good about myself, would even give myself a pat on the back.

    However, life a bit cr4p now and then, having been ripped off my my own brother (all in the past now), several exes and having my wife being ripped off financially by her ex re share of a house, then if i can get away with not paying back over £5k then I will and I will live with the shame.

    Of course I could update them with my new address and log the e mail as referring to the £950 debt and that reference number only, at least then there is still an outside chance of it becoming stature barred, or worst case scenario is I will at least be aware of impending CCJ. Would be a stretch though as would need to put away £400 per month over 14 months.
  • GMac14
    GMac14 Posts: 77
    First Anniversary Name Dropper First Post
    Forumite
    In response to ZX, they seem to have only just bought this debt from Hillseden so may try and recoup the money before CCJ?

    Am I deluding myself in thinking it might get statue barred? Best option to discuss and agree a payment plan to prevent them going down route of CCJ? Im assuming part payment in terms of trying to pay 50/60% rather than full amount wont be ideal as anything less than full payment will be negative on credit file?
  • [Deleted User]
    [Deleted User] Posts: 35,242
    First Anniversary Photogenic Name Dropper First Post
    Forumite
    They only buy poor quality debt. They unlikely to invest much effort in someone who hasn't been paying.

    You might get away with it, but for that amount, I think it's unlikely.

    Any settlement now would be good in terms of preventing a CCJ. Partial or full will make little difference.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards