statue barred

[vulcanswb3a]

how does statue barred work is it from the date of the last payment or from the the date of default thanks

[pmhcfc]

Originally Posted by vulcanswb3a

how does statue barred work is it from the date of the last payment or from the the date of default thanks

6 years (5 in Scotland) after the date of the last payment or date when the debt was last acknowledged (in writing) by the person who owes the said money.




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[vulcanswb3a]

thanks for the fast reply so if the last payment was or acknoledgemont was say jan 2001 statue barred would apply from jan 2007

[sequenci]

"it has always been held that the statute runs from the earliest time at which an action could be brought"

(Reeves v Butcher [1891] 2 QB 509)

[sequenci]

Actually, i thought i better expand on that.

The time would start running from action could first be brought against you. This means the date of default, you would need to check the terms and conditions of the agreement to see what that would mean. Action could be brought once the creditor has the right to bring action against the whole amount owing. This *may* mean it's not the date of the last payment at all.

[vulcanswb3a]

thanks for that the default fell of my credit file in july this year so how do i stand now re statue barred

[sequenci]

Originally Posted by vulcanswb3a

thanks for that the default fell of my credit file in july this year so how do i stand now re statue barred

did you make any payments since the default?

[vulcanswb3a]

thier has been no payment since appr aug 2000

[sequenci]

any written acknowledgement since then? are you in england? what type of agreement is it?

[vulcanswb3a]

Originally Posted by sequenci

any written acknowledgement since then? are you in england? what type of agreement is it?

no written acknowledgement since and i am in engaland its a store card