Statue Barred / Limitation Act

[Information Commissioners Office]

Could someone just confirm, I had a mountain of debts, but am sure 5 of 7 are statue barred . . .

Is it 6 years from the point of default ??? If you have not acknowledged it at all and there is no ccj ????

What happens if I defaulted in April 02 (according to info on credit file), the debt is sold to someone in 05 ??? No acknowledgement has been made. Is it statue barred in April 08 or April 11 ???

Also I have a ccj from 2003, no contact from creditor at all over it for 3 years !!! In 2009 will it become unenforecable unless the creitor goes back to the courts to re-apply to re-inforce it ???

Sorry if I sound like a stupid muppet, just trying to get facts 100% straight so I can tell DCA's exactly what I think !!!

[Information Commissioners Office]

Any chance a mod can help with this ???

[namethemshamethem]

If you have not acknowledged the debt within the past 6 years it becomes Statute Barred as per the Limitations Act 1980.

An acknowledgment would be you admitting you owe the money or making a payment to them or anyone else for the alleged debt.

Whilst the debt may still exist, it is unrecoverable through the courts.

As per the debt being sold this doesn't change anything with regards to the Limitations Act 1980.

The default date should be exactly the same as the account can only be issued with the default notice under the Consumer Credit Act 1974 and they cannot keep re-defaulting it and putting different dates in.

A lot of creditors lie about the default date to Experian etc. to get you to phone up and acknowledge the debt. Or they will call the account something else like a "Hire Purchase" so you phone up and acknowledge it.

Be aware of these tactics!! It could cost you thousands!

If it is statute barred and they have a false default date hogging your file up then they must remove this and it is in breach of the Data Protection Act 1998.

They can be sued for damages under the Data Protection Act 1998 if their false default date causes you to pay a higher APR because of it lowering your credit score, or causes applications to be rejected.

As per the CCJ query, if they don't take enforcement action within 6 years of the judgment date then I am sure that becomes unenforceable too and will drop off your credit file.

[Information Commissioners Office]

Originally Posted by namethemshamethem

If you have not acknowledged the debt within the past 6 years it becomes Statute Barred as per the Limitations Act 1980.

An acknowledgment would be you admitting you owe the money or making a payment to them or anyone else for the alleged debt.

Whilst the debt may still exist, it is unrecoverable through the courts.

As per the debt being sold this doesn't change anything with regards to the Limitations Act 1980.

The default date should be exactly the same as the account can only be issued with the default notice under the Consumer Credit Act 1974 and they cannot keep re-defaulting it and putting different dates in.

A lot of creditors lie about the default date to Experian etc. to get you to phone up and acknowledge the debt. Or they will call the account something else like a "Hire Purchase" so you phone up and acknowledge it.

Be aware of these tactics!! It could cost you thousands!

If it is statute barred and they have a false default date hogging your file up then they must remove this and it is in breach of the Data Protection Act 1998.

They can be sued for damages under the Data Protection Act 1998 if their false default date causes you to pay a higher APR because of it lowering your credit score, or causes applications to be rejected.

As per the CCJ query, if they don't take enforcement action within 6 years of the judgment date then I am sure that becomes unenforceable too and will drop off your credit file.

TOP QUALITY INFO THANKS !!!