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Is this debt statute barred?

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I'll try and keep this as short as possible, in the hope that it won't send anyone to sleep! :lol:

 

From the age of 18, I had various forms of credit, without any problems, and as the years went on I ended up with a couple of credit cards, a store card, car finance etc etc. Anyway, about 11 years ago, it all went horribly wrong, and following the collapse of my business and two quickly consecutive bereavements, I had a nervous breakdown.

 

Despite intervention from those that were caring for me at the time (including copies of medical certificates as proof), none of the PPI that I had been paying covered me, as I was suffering from "mental illness" and that was not covered. This essentially meant that I now had a pack of wolves baying for their money back, and lobbing CCJ's my way whenever they could.

 

As my health improved, I decided that a complete fresh start was in order, and headed south to London (I originate in Scotland) - however, for a considerable amount of time, I basically ignored a lot of the debt. One or two of the lenders treated me with a tad more respect than others, which led me to settle those debts first, and the bulk of what I owed was paid back a few years ago.

 

One debt in particular, I hadn't heard much of, until a couple of years ago when I got a letter from a collection company - and since then I have had the odd letter from a couple of different companies (the last one being Aktiv Capita), none of which I have acknowledged. At the end of last week, I received a letter from yet another different collection company, stating that they were sending a collection agent to my door within the next ten days.

 

I am not too fussed to be honest, as more often than not I am out at work - I'm sure the dog will deter them from doing anything silly ;) - however, I was wondering if the debt (which is for about £3700 for a storecard/fuel card) would be statute barred by now? I know for sure that I have not acknowledged the debt for at least eight years.

 

Assuming that it is statute barred, will them sending me letters still be battering my credit rating (all agreements since my illness have been conducted without default, albeit with the likes of Welcome Finance)?

 

Thanks in advance.

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If you have not acknowledged or paid into the account for 6 years (5 YEars scotland) then it's statute barred.

 

Do you know where you stand re ccjs?

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If you have not acknowledged or paid into the account for 6 years (5 YEars scotland) then it's statute barred.

 

Do you know where you stand re ccjs?

 

Somewhat embarrassingly, no I don't - but as a rough recollection it must be around 7 or 8 years since I last was issued one (don't think I settled any of them to be honest) - do they live longer than a debt on its own?

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CCJs won't just dropp off your history and disappear. You can have them set aside, have a read around the forum, and the creditor would have to explain why they haven't been enforced for so long.- I think:)

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Im not a debt expert but the way that I understand it is that if you have a CCJ then they have to go back to the court to collect on a statute barred debt and they must have a very good reason for the lenght of time that has passed between the CCJ being issued and them attempting to collect it.


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and they will drop of your credit file after 6 years


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as ida says it will drop off your CF after 6 years.

and it is also removed from central court files.

 

If the OC deicided to take it back to court after 6 yrs,they have not only to have a good reason but also needed to retain the original court details.;)

 

If it's sold on to DCA they can only obtain permission from the court up to 6 calendar months from purchase date if the debt is over 6 years.

and 12 calendar months if under 6 years.

the also need to produce the court paperwork.

 

absolute cut off period for permission is 10 years.

 

SAM


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Hi Sam

 

absolute cut off period for permission is 10 years.

 

Permisson for what?

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permission to enforce/collect on CCJ.


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Thanks for the info:) - oddly enough, I don't think that I have ever had a CCJ in relation to this particular debt, but I will have to get myself sorted with a credit report to find out for sure (thanks for the link kurvaface).

 

Just to clarify, do the CCJ's also drop off the credit file after six years, or will they stay on there forever until they are satisfied or set aside?

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Just to clarify, do the CCJ's also drop off the credit file after six years
Yes

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They dropp off the file after 6 years.

 

Good luck with this and any questions - you know where to come:)

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That is very good news, because I am certain that it has been more than 6 years since I have either acknowledged the remaining few debts, or received any CCJ (or any attempt to collect a CCJ).

 

Hopefully that will mean that once my current loan ends in 16 months time (no defaults, and one payment two days late thanks to a cock up at my bank), then I can perhaps start to rebuild something of a credit rating. Not that I will ever want to have much credit in the future, but it would be nice to be able to buy a car without paying over the odds for interest, or perhaps even look toward getting a mortgage before I am too old.

 

Thanks again for the help :)

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