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Old debt statute barred or not?


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I have two old outstanding debts - £7000 loan and a £1000 overdraft.

 

A bit of background:

 

My long term partner walked out in 2009, leaving me with all our joint debts and paying the mortgage.

I continued making loan repayments for a while before stopping as I was not able to afford them.

They eventually ended up with a debt collection agency.

Having a few major life crises in the intervening years meant that I buried my head in the sand and ignored everything.

 

I am currently trying to sort out a debt management plan with more recent debt on a limited budget.

The person I spoke to said I should be including these two old debts. However, they are not showing on my credit report with noddle, clearscore or experian.

 

There are also no ccj's listed, although I suppose there is a possibility that there could be old ones in existence.

I was told these debts would not be classed as statute barred as the dca have been writing to me regularly and I have been at the same address for a long time.

 

After finding and opening some old post I have found letters from dca going back to 2011.

There have been no payments towards the debt or acknowledgement from me since 2010/2011.

Where do I stand?

 

Advice would be much appreciated.

Edited by dx100uk
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Who gave you this advice about a debt not been statute barred because the DCA had been writing to you because you had been living the same address?

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oh god not again..ruddy stepchange!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are statute barred end of ignore the dca's.

 

what are your other debts please

why got to stepchange

 

its easy to sort this yourself with our simple help.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Stepchange have a vested interest to keep the Statute Barred debt alive.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I think I am behind one month with my mortgage payments although on the last letter it states I am not. There is a reserve account linked to the mortgage which is £300 over the limit which has accrued through interest as hasn't been touched for years.

I have a large bill for water rates £2k+

I believe this happened as direct debit didn't go through a couple of times and was then cancelled. I wasn't aware as was not opening post. So I still need to set up current payments again as well as arranging to repay the debt.

I also have a personal overdraft of £3.5k which I find myself up to the limit at the end of every month.

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they are statute barred end of ignore the dca's.

 

what are your other debts please

why got to stepchange

 

its easy to sort this yourself with our simple help.

 

dx

 

Thanks for the reply dx.

I was advised to go to Stepchange as I'm not confident about sorting things out myself. I realise that sounds ridiculous, but I have little to no support and my mental health has not been great over the years. I know that the mortgage accounts are my priority debts at the moment. With very little disposable income, I was under the impression that debtors would be more likely to agree a plan with someone like stepchange. If I go ahead with the dmp - should I ask them not to include the old debts then?

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If that is really what step change said then they have misled you. I rather hope that there was some misunderstanding.

 

The only conditions for a statute barred debt is that it has been six years since the last payment which was due was missed. Alongside that there must've been no acknowledgement of the debt. In other words since the last missed payment, you have not agreed that you are in debt and that you do over money.

 

It has absolutely nothing to do with DCA's writing regularly or the fact that you continue living at the same address.

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If that is really what step change said then they have misled you. I rather hope that there was some misunderstanding.

 

The only conditions for a statute barred debt is that it has been six years since the last payment which was due was missed. Alongside that there must've been no acknowledgement of the debt. In other words since the last missed payment, you have not agreed that you are in debt and that you do over money.

 

It has absolutely nothing to do with DCA's writing regularly or the fact that you continue living at the same address.

 

Thank you Bankfodder. Yes, that's right. There has been no acknowledgement and no payments since 2011. Does it make a difference that my mortgage is with the same original creditors?

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By the way mortgages become statute barred after 12 years

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If you are saying that your mortgage account and other credit accounts happen to be with the same lender then no, it makes no difference. They are distinct separate debts

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Big tip

Get your income out of the. OD account

Open a parachute account

 

Pers I don't think you even need a DMP at all

 

Take control its YOUR money

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They would want it included in any DMP they arranged as it is SB and over 6 years old it won't be on any credit report and unenforceable ,t if you feel you have to pay it on m ral grounds then Stepchange will only be too happy to include it into what debts you pay on the drip.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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they get paid a percentage so the more debts you pile into their lap the more money the make.

 

Many people like to take a moral high ground on debt as the debt hasnt actually gone away, it just cant be enforced by anyone.

However, you can bet that the bank has written the amount off and that has appeared in its accounts to reduce their tax burden for that year

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Absolutely EB considering the usurious rates of interest on some of these old debts.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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