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Is it ever worth paying a statute barred debt?

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Ten years ago I got into some serious financial difficulty, and I took a haphazard approach to sorting it out.

 

I paid off some creditors, but ignored others and just buried my head in the sand hoping that the debts would go away.

 

I'm not proud of having done that but I was too ill to work at the time and living on limited benefits,

didn't know any better (wish I'd known to send token payments) so it's what I did.

 

I'm now in better health and a better financial situation.

I'm trying to re-build my credit rating so that I can hopefully get a mortgage in a couple of years time.

 

I was contacted by a DCA for one of the debts from ten years ago.

The debt is definitely statute barred, this is the first time I've even heard from a debt collector about it in probably eight years.

They're being really pushy about it (four letters in December alone). The debt was originally with a bank and it's a fairly small amount so I could afford to pay it off in a few installments.

 

My question is, should I do so?

If I were to pay the money off now, would that bank consider taking me as a customer in a few years time, assuming I manage my affairs well from now on?

 

Morally I feel like it makes sense to pay off the debt, since I can afford to do so.

However, morally I'd rather give the money direct to the bank in question because the DCA's letters are deceptive (date of default deliberately omitted), and extremely threatening.

 

I would appreciate any thoughts. I've finally gotten my life back together and all I want is a clean slate and to do things right.

It's just typical that now that I finally have more than just benefits coming in the DCAs are pouncing.

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If the debt is definitely statute barred, then why would you even want to consider paying it.

 

There should be no reporting of this on your credit files now as it should have dropped off 6 years after the default date. If it hasnt, then you should consider contacting the Information Commissioner and also the Credit agency to have it removed.

 

It looks like the original bank have sold the debt on and probably have no record of it on their files.


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You should let the DCA know that the debt is statute barred - there is a letter in the CAG library.

 

Once you have told them this and that you will not be paying anything then they should leave you alone.


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2: Take back control of your finances -

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3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Take the advice, your slate IS clean.

It should be off you credit file now (have you checked?)

Start building a rating.


If my advice helped you please click my star

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Thanks for the responses.

 

The debt is definitely statute barred. I'm certain that no payments have been made on it since sometime in 2002.

 

The main reasons I was considering repaying it were:

 

a)I didn't want to owe money to that bank, in case I ever wanted to use them again.

 

b)I thought that DCAs could still contact you about statute barred debts, just not take you to court? It's a small debt in the grand scheme of things and paying it off so that there's one less company chasing me just seemed like a good idea.

 

If I'm wrong on the above counts (especially the bit about DCAs continuing to chase) then that's great news. I'm married now and I don't want my family to have to put up with constant telephone and doorstep calls because of something from my past back when I was single.

 

Thanks.

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Until you actually tell them it is statute barred, then in theory, yes they can pursue. But once you have told them you are not. They are obliged to stop. They would not be able to take any action whatsoever other than to send letters as SB is a complete defence. There is little point in them continuing to pursue other than to harrass and there are laws in place to protect you from that.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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come on

 

spill the beans.

 

which fleecer is trying to spoof you!!

 

there is absolutely NOTHING anyone

even a JUDGE can do about this debt

 

it NOT on your cra file

so its doing you no harm...

 

what even makes you remotely think paying it will make to

you credit future.

 

i doubt the letters are thratening

 

if you read then carefully

 

they are full of : if,but,might,may,could,instructed.

 

very cleaver wording that makes you THINK you are in the wrong.

 

dx


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Thanks for the responses.

 

The DCA that's chasing the debt is Lowell.

 

The debt is gone from my credit file.

I'm certain it's statute barred.

 

The letters try to hide that by saying "The debt which you owe from date: \ \ " - no date given.

 

They're sending a letter every week.

 

The first one was a generous sounding "settle it at 50%", then they started with the pushy ones.

 

By "threatening" I mean "making a lot of noise".

 

I get that they'd stand no chance if they went to court, but still I'd rather avoid doorstep agents and other hassles.

 

I recently learned that they (I assume it was Lowell that called, anyway - they gave a different name, apparently)

called the people who live opposite my home and grilled them about when I'd be likely to be in,

whether I was young or old, whether I was married, etc, on the pretense of having a letter for me.

 

The people they called are really nice, and I don't see why they should get pushy phone calls like that.

 

The reason I thought that paying the amount owed would make a difference to using that particular bank

was because I figured that if I owed money to a bank I wouldn't be able to use that bank again until it was paid off - statute barred or not.

 

I don't currently need or want to borrow from anyone,

let alone the bank that this debt relates to,

but I want to keep my options open for the future, a

nd I kind of assumed that even a statute barred debt was still actually owed,

and if you owe money to a bank that pretty much ruins the chances of getting an account with them?

 

If it were a bigger debt I'd have sent the statute barred letter in an instant, but given the amount I thought it was worth checking.

 

Thanks again.

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really well lowlife dont do doorstepping

 

so it'll prob be westcot

 

or Power 2 contact

 

or

 

scotcall.

 

none of which are bailiffs and have NO legal powers anyhow

no dca does

 

your bank can do nothing either.

 

its sb'ed..dead..gone..parrot..

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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