Statute Barred Debt EnglandandWales Last Updated: Monday 23rd April, 2012 This guide is designed to help you deal with debt collection companies who want to try and mislead you into thinking that your old debt can be legally recovered. Below you'll find all the information you need, including a template letter, to successfully deal with these chancers! Consumercredit contracts like everything else in this world have a "use by date". In respect of credit contracts, this means that after a particular timescale the debt or contractcan longerbe enforced -its Statute Barred What is statute barred debt? Statute barred debt is debt which in certain circumstances becomes unenforceable in court. The piece of legislation which sets out these circumstances is the LimitationsAct 1980. So when a creditor comes chasing you for an old debt you can use the followinginformation to access whether or not yourdebt is timebarred. How long can a creditor chase a debt? This is dependenton the type of debt you have. The mostcommon form of debt which people ask about in our forumis unsecureddebtseg credit cards, personal loans, store cards, catalogues,bank loans,finance company loans etc. The LimitationsAct 1980statesthat when the following conditions are met then the debt cannot be pursue through the courts. The conditions are:- That the creditor has not taken court action against you, eg CCJ, AND You have not made any payments on the debt over the last 6 years,AND During the years, you haven't written tothe creditoracknowledging that owe them money. As you can see all three conditions must be met in order for the debt to be "time barred". So the answertothe above question is 6 years. Dealing with Creditors and debt collectors If you are being pestered or chased by creditors about an old debt which you believe has been statute barred there are certain things you can do to stop them pursuingyou. 1. Established whetherornot there are anyjudgementsmade against you. This will involve contacting the three main credit reference agencies and checking your credit report. 2. Under the Data Protection Act 1988 you can also request a copy of any files the company has. You must rememberwhen writingtothe creditors that you are in no way acknowledging the debt. Use this template letter 3. Use this template letter to write to the creditortosaythat underthe LimitationsAct 1980the debt is now statutebarredandyou would like them to stop pestering. Important Keep copies of all letters and send them byrecorded delivery. Never sign any of your letters. Why? Well I am not one to cast aspersions, but some people think that some unscrupulous finance anddebt collection companies have used the signatureattached toletters toforged letters from debtors acknowledging the debt. I don't have any proofof this. You can make up your own mind whetherornot you sign the letter. When writing to any debt collection company, make sure you head the letter up, "I do not acknowledge anydebt toyou oranyothercompanyor organisation that you claim to be representing." DW George This is from the debt watchdog website

this is from the above link on the financial ombudsmans site. Is from 2005 though and Barclays still are not chasing me for money. So I say sod them. 44/5 career development loan not covered by section 75 of the Consumer Credit Act Mr F applied successfully for a £2,000 loan, after reading about the government initiative to encourage people to obtain trainingwiththe help of a "career development loan". Under this system, the government provides applicantswitha list ofbanking firms prepared to lend the money needed for course fees. If the applicationis successful, the firm concerned sends the money direct to the training provider. The government then agrees to meet the interest payments on the loan until the student has reached the end of the course. Unfortunately, in Mr F’s case, the training provider went out of business soon after he started his course. Mr F felt that, in the circumstances, he should not have to repay the loan and he contacted the bank about this. Mr F thought that, since the bank had sent the money direct to the training provider, the transaction constituted a debtor-creditor-supplier agreement as covered by section 75 of the Consumer Credit Act. If this were the case, then the bank would be equally liable, with the trainingprovider,for the provider’s breach of contract.When the bank rejected his complaint, Mr F came to us. complaint rejected We agreed with the bank that section 75 of the Consumer Credit Act did not apply in this instance. For a debtor-creditor-supplier agreement to exist, there has to be an arrangement between the creditor (the bank) and the supplier (the trainingprovider). There was no such arrangementhere. The only reason why the bank had paid the money to the trainingprovider was to comply with the government’s rules for the scheme, not because of any arrangementbetweenthe bank and the training provider. So Mr F was still liable for the loan.

Got it. Thank you so much x

My friend is a lawyer so gonna get him to look over it first. If you email me ill email you may address x thank you x

Cant pm as not posted enough. Would be waiting for barclays all year i reckon. If you could email copy would be great if not too much trouble please address is jennieosmith at yahoo.co.uk

Can anyone send me copy of t&c and what we signed please. Have moved a few times and cant find them address is ^^^^^^^^^^^^^

When we took out the loan we had to use a company that barclays approved though didnt we! Its a while ago but im sure they gave you a list of companies that they would give a loan for you to use. So surely they have responsibility by recommending them?