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    • fermi
    • By fermi 20th Jul 10, 12:17 PM
    • 39,490Posts
    • 47,510Thanks
    fermi
    Statute barred debts and the Limitation Acts
    • #1
    • 20th Jul 10, 12:17 PM
    Statute barred debts and the Limitation Acts 20th Jul 10 at 12:17 PM
    Statute Barred debts.

    A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

    The debt would then be legally UNENFORCEABLE.

    If you are in England/Wales then the limitation period is 6 years and you should read:

    Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

    If you are in Scotland then the limitation period is 5 years and you should read:

    Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

    If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet and below.
    Last edited by fermi; 15-12-2014 at 1:55 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

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Page 24
    • Jonhn
    • By Jonhn 11th Nov 16, 9:04 AM
    • 10 Posts
    • 0 Thanks
    Jonhn
    Advice on statutory barred debt
    Hi,
    I have a debt which is over six years old, last time I made a payment on this account via a debt management company is on 01/10/2010. I can prove this by my previous bank statements.
    When I stopped making the payment to the debt management company on the above date. I just wan to know, Even if I stop paying the debt management company, if they have continued paying for the creditors for few months more (eg until 01/02/2011); will this count as a payment towards the debt? and then the debt would be statuary barred after 01/02/2011. Instead of the day I last made the payment to the debt management company 01/10/2010.
    Can I still be able to defend my self on a ccj claim because I wasn’t liable for the payment made by the debt management company to the creditor on behalf of me?
    I just want to cover all the basis before I go on the statuary barred route your advise on this matter would be highly appreciated thanks
    • sourcrates
    • By sourcrates 11th Nov 16, 9:16 AM
    • 14,342 Posts
    • 13,536 Thanks
    sourcrates
    Hi,
    I have a debt which is over six years old, last time I made a payment on this account via a debt management company is on 01/10/2010. I can prove this by my previous bank statements.
    When I stopped making the payment to the debt management company on the above date. I just wan to know, Even if I stop paying the debt management company, if they have continued paying for the creditors for few months more (eg until 01/02/2011); will this count as a payment towards the debt? and then the debt would be statuary barred after 01/02/2011. Instead of the day I last made the payment to the debt management company 01/10/2010.
    Can I still be able to defend my self on a ccj claim because I wasn’t liable for the payment made by the debt management company to the creditor on behalf of me?
    I just want to cover all the basis before I go on the statuary barred route your advise on this matter would be highly appreciated thanks
    Originally posted by Jonhn
    Best to post once only, I have answered on your other post.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
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    • FreeFrom
    • By FreeFrom 17th Jan 18, 7:59 AM
    • 1 Posts
    • 0 Thanks
    FreeFrom
    Statute Barred
    I wonder if I could receive some support here?

    I have two old style student loans which were sold on to link and erudio and are statute barred from around 20 years ago. Due to a prolonged disease during that time I am now trying to finish that degree.

    I was advised by the student loans collections department that no debt was showing up to pay and that I could proceed with confidence for a tuition fees loan.

    I was subsequently rejected. The Appeals one stage states because:

    Eligible part-time students 137.— (3) A person (“A”) is not an eligible part-time student if— (b) A is in breach of any obligation to repay any loan

    Any ideas of what I can do?
    • CRW1966
    • By CRW1966 17th Jan 18, 4:39 PM
    • 5 Posts
    • 1 Thanks
    CRW1966
    Mr
    Hi, If a debt that was agreed whilst living Scotland as a Scottish national, would I be correct in thinking that an agreement entered in to as a Scottish resident would have been done so iaw the Prescription and Limitation (Scotland) Act 1973, and as such the 5 year Statute Barred period applies even if I have moved to and address in England at a later date - or does the fact that I have moved to England for work mean that the Eangland and Wales 6 year rule is applicable?

    Thank you for any guidance...
    • fatbelly
    • By fatbelly 17th Jan 18, 6:36 PM
    • 12,352 Posts
    • 9,393 Thanks
    fatbelly
    Hi, If a debt that was agreed whilst living Scotland as a Scottish national, would I be correct in thinking that an agreement entered in to as a Scottish resident would have been done so iaw the Prescription and Limitation (Scotland) Act 1973, and as such the 5 year Statute Barred period applies even if I have moved to and address in England at a later date - or does the fact that I have moved to England for work mean that the Eangland and Wales 6 year rule is applicable?

    Thank you for any guidance...
    Originally posted by CRW1966
    The Govan Law Center is pretty clear when it happens the other way around.

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

    I would say you are now subject to English Law.
    • Amywhite412
    • By Amywhite412 30th Jan 18, 10:35 PM
    • 1 Posts
    • 0 Thanks
    Amywhite412
    Hi I hope somebody can help me.
    I had a credit card debt with a bank of £1,000
    I last made payment 7th November 2011
    No further contact was made since I made this payment.
    The debt was made defaulted 28th June 2012 as no contact or payments since November
    The debt has been sold to a debt collection agency who are now threatening court action.
    I have explained the debt is statute barred and sent the letter however they have sent a reply saying it isn!!!8217;t statute barred as the default date recorded is June 2012.
    How do you suggest I respond to this.
    Thank you
    • fatbelly
    • By fatbelly 31st Jan 18, 12:00 AM
    • 12,352 Posts
    • 9,393 Thanks
    fatbelly
    Hi I hope somebody can help me.
    I had a credit card debt with a bank of £1,000
    I last made payment 7th November 2011
    No further contact was made since I made this payment.
    The debt was made defaulted 28th June 2012 as no contact or payments since November
    The debt has been sold to a debt collection agency who are now threatening court action.
    I have explained the debt is statute barred and sent the letter however they have sent a reply saying it isn!!!8217;t statute barred as the default date recorded is June 2012.
    How do you suggest I respond to this.
    Thank you
    Originally posted by Amywhite412
    I suggest you ignore them now.

    You say it's statute barred.

    They say it isn't

    Only a court can decide.

    Your logic is correct in my opinion. DCAs seem to believe that the default date always constitutes the cause of action. A decent judge would rule in your favour. Similar case here

    https://consumercreditlitigationanddebtcollection.wordpres s.com/2017/06/13/the-pra-case-bmw-v-hart-and-statute-barring/
    Last edited by fatbelly; 31-01-2018 at 12:20 AM.
    • Danbrand1
    • By Danbrand1 5th Mar 18, 6:07 PM
    • 2 Posts
    • 0 Thanks
    Danbrand1
    Example letter for change to default date
    Hi all,

    Is there a hybrid letter for a response to alleged payment with a statute barred debt and now (in my case) hoist portfolio changing the default date fraudulently in order to have the debt reappear on my credit file? I don't want to contact hsbc/hoist for original default date and inadvertently acknowledge the debt. Ideally I just want it removed again from my credit file as it was.

    Cheers
    Dan
    • fatbelly
    • By fatbelly 5th Mar 18, 11:13 PM
    • 12,352 Posts
    • 9,393 Thanks
    fatbelly
    Hi all,

    Is there a hybrid letter for a response to alleged payment with a statute barred debt and now (in my case) hoist portfolio changing the default date fraudulently in order to have the debt reappear on my credit file? I don't want to contact hsbc/hoist for original default date and inadvertently acknowledge the debt. Ideally I just want it removed again from my credit file as it was.

    Cheers
    Dan
    Originally posted by Danbrand1
    Not specifically, no.

    Once a debt is statute barred, it cannot be reactivated.

    What you seem to have is a false default date on accredit file, so you complain to the credit reference agency and they investigate.

    You'll need to check all 3 reports
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