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  • FIRST POST
    • minimad1970
    • By minimad1970 10th Aug 18, 4:43 PM
    • 4,521Posts
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    minimad1970
    Contact from creditor after 10 years.
    • #1
    • 10th Aug 18, 4:43 PM
    Contact from creditor after 10 years. 10th Aug 18 at 4:43 PM
    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.
Page 1
    • Willing2Learn
    • By Willing2Learn 10th Aug 18, 4:46 PM
    • 858 Posts
    • 656 Thanks
    Willing2Learn
    • #2
    • 10th Aug 18, 4:46 PM
    • #2
    • 10th Aug 18, 4:46 PM
    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.
    Last edited by Willing2Learn; 10-08-2018 at 4:57 PM.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • minimad1970
    • By minimad1970 10th Aug 18, 5:01 PM
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    minimad1970
    • #3
    • 10th Aug 18, 5:01 PM
    • #3
    • 10th Aug 18, 5:01 PM
    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.
    Originally posted by Willing2Learn
    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
    • By Willing2Learn 10th Aug 18, 5:09 PM
    • 858 Posts
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    Willing2Learn
    • #4
    • 10th Aug 18, 5:09 PM
    • #4
    • 10th Aug 18, 5:09 PM
    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.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

  • National Debtline
    • #5
    • 10th Aug 18, 5:23 PM
    • #5
    • 10th Aug 18, 5:23 PM
    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
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • minimad1970
    • By minimad1970 10th Aug 18, 5:51 PM
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    minimad1970
    • #6
    • 10th Aug 18, 5:51 PM
    • #6
    • 10th Aug 18, 5:51 PM
    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
    • By Craig1981 10th Aug 18, 7:28 PM
    • 171 Posts
    • 87 Thanks
    Craig1981
    • #7
    • 10th Aug 18, 7:28 PM
    • #7
    • 10th Aug 18, 7:28 PM
    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
    • By JCS1 11th Aug 18, 7:30 PM
    • 3,644 Posts
    • 7,474 Thanks
    JCS1
    • #8
    • 11th Aug 18, 7:30 PM
    • #8
    • 11th Aug 18, 7:30 PM
    Did you do a credit file clean up after your BR?
    • minimad1970
    • By minimad1970 11th Aug 18, 10:53 PM
    • 4,521 Posts
    • 9,460 Thanks
    minimad1970
    • #9
    • 11th Aug 18, 10:53 PM
    • #9
    • 11th Aug 18, 10:53 PM
    Did you do a credit file clean up after your BR?
    Originally posted by JCS1
    Yes I did.
  • National Debtline
    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
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • minimad1970
    • By minimad1970 13th Aug 18, 3:25 PM
    • 4,521 Posts
    • 9,460 Thanks
    minimad1970
    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
    Originally posted by National Debtline
    Thanks, that's what I thought. It's just weird to hear from them after so long.
    • immy
    • By immy 16th Aug 18, 11:43 PM
    • 220 Posts
    • 35 Thanks
    immy
    I am in the same boat with a similar letter received from sainsburys this morning.
    Again, BR was approx 10 yrs ago and credit file has been cleaned up.

    Lodging a complaint tomorrow with them for undue stress and worry.
    Last edited by immy; 16-08-2018 at 11:50 PM.
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