when is statute barred?

[natlani]

Is it From date loan was taken out or from the date you default? You do not have to pay debt back when it's over 6 years old! Need clarification please.

 

Thanks

[dx100uk]

last monetary transaction in or out, or last time your wrote to them.

i e any method of you ack'ing you have a debt with them.

 

 

dx

[natlani]

Hi thanks for that. I thought it was the date of the default. Are you sure that this is the case??

[dx100uk]

no.

as they could then send a default notice and reset the clock if that be the case.

 

its your last payment or ack of the debt.

 

dx

[natlani]

Hi D thanks for that. I have 2 defaults from 2006. I never admitted the debt was mine and never had communication with the DCA'S. However I spoke to a crappy debt company who said the six years starts from the date of the default! Which will make it 2012?! I opened the account in 2001!!!

[havinastella]

Hi D thanks for that. I have 2 defaults from 2006. I never admitted the debt was mine and never had communication with the DCA'S. However I spoke to a crappy debt company who said the six years starts from the date of the default! Which will make it 2012?! I opened the account in 2001!!!

 

But when was the last payment/ack of the debt?

[natlani]

If My debt is not enforceable. How do I get the DCA off my back. Just to let you know they defaulted me in 2006! I have a debt for £1100 and still have not paid it they have said to pay it by the end of this month or they will take 'further action'!

 

Any help please??

[saintly_1]

If it was only defaulted in 2006 then it is nowhere near statute barred

[havinastella]

Saintly, Nat already has a thread on this.

 

You may want to merge!

 

Jogs

[saintly_1]

Duly noted and done

[saintly_1]

When was the last transaction on the account ?

[dx100uk]

Hi D thanks for that. I have 2 defaults from 2006. I never admitted the debt was mine and never had communication with the DCA'S. However I spoke to a crappy debt company who said the six years starts from the date of the default! Which will make it 2012?! I opened the account in 2001!!!

 

ok lets tackle this another way.

 

for the debt to be statute barred you must not have made a payment since july 2003.

have you made a payment since july 2003?

 

if yes then its not SB

 

simples!

 

dx

[Belaflat]

Just to cloud matters a little here, I was speaking to a friendly financial advisor and mentioned a debt that was statute barred by virtue of no payment or acknowledgment for 6 years.

He stated that the 6 years doesnt count if the company tried to contact you in that time and the time starts from the last contact from them....worrying if true.

[DES_1001]

not true

[dx100uk]

total rubbish

 

the rules have NEVER changed either

 

dx

[lickthewallfatboy]

Just to cloud matters a little here, I was speaking to a friendly financial advisor and mentioned a debt that was statute barred by virtue of no payment or acknowledgment for 6 years.

He stated that the 6 years doesnt count if the company tried to contact you in that time and the time starts from the last contact from them....worrying if true.

 

worrying that he's a financial advisor!!

[ODC]

My understanding is that the date starts from when they could legally take action against you for an unpaid debt. This is generally accepted as being one month after the last payment or written acknowledgement

[natlani]

So how do I say 'back off' **** heads it's statute barred.? Is there a template by the way D you seem confident in your responses thanks. It's complicated as so many different answers wow!

[Bazooka Boo]

You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt if:

 

• the creditor has not already obtained a judgment against you;
  

and

 

• you or anyone else owing the money (if your debt is in joint names) have not made a payment on the debt during the last six years;
  

and

 

• you have not written to the creditor admitting you owe the debt during the last six years.
  

Letter sent when debt is Statute Barred (SB)

[natlani]

Ok so what happens if the Company have placed a default and the account is statute barred and was at the time they shared the info with Experian?? Basically shall I still send the STATUTE BARRED Letter even though they have defaulted me in 2006?

[dx100uk]

so what is the answer to post 12 then?

 

dx

[debt4get]

providing you have not made payment or acknowledged you owe the debt for 6 years then send the letter statute barred

[saintly_1]

providing you have not made payment or acknowledged you owe the debt for 6 years then send the letter statute barred

Thats just it OP hasn't posted when last payment/ written acknowledgement was

[Huff&Puff]

Also, if the debt is Stat Barred, any defaults should drop off your credit file after 6 years from the last payment, irrespective of when it was defaulted. If they are definitely chasing you for a Stat Barred debt after you have stated that you won't be paying anything, report them to the OFT and Trading Standards, they are breaking the law.

[natlani]

Hi guys thanks for responses. I just checked through some papers that I have from ages ago and it says I paid in 2006 of £20 and then following month of £50 to bring account back to the agreed overdraft limit. IT WAS A STUDENT OVERDRAFT. Basically I have never paid off the £1100 but have paid money into the student account in 2006 a couple of times. Now does this mean it's not state barred because I paid money into the account?? HOWEVER I paid money into the account but not towards the actual debt owed. It was just to bring my overdraft back under the agreed £1000. Any advise please?