Howdy! Entering a Token Payment Plan with StepChange as been avoiding creditors for long years now. Could someone tell me how to find old bank account numbers, old ref numbers to finish off my paperwork for TPP? I haven't kept any old letters etc, and I'd like to avoid ringing creditors at all costs. My credit report doesn't exactly show ref numbers. Is it actually crucial to find them anyway? StepChange said it would greatly help.

My husband has received a letter from Lowlifes today for an overdraft on an Abbey National account from (if memory serves me correctly) about 10 years ago. It tells us that the account (which was joint with me) was opened in 1998 and I know we didn't have the account when we moved 9 years ago. Hubby is invited to call them to discuss clearing this account (which I thought was very kind of them lol) and that they used his credit file to obtain his address. How should we respond? There is no way on Gods green earth that any movement has occurred on this account within the last 6 years but looking at other posts fear reprisals due to their aggressive tactics!

Can anyone help with this query. I was sent a letter from 1st Credit from Reigate contacting me about an account I had with The Abbey National in 2007. I moved addresses in May 2007 and had nothing to do with The Abbey since then. In July 2007 I left UK to work in Malta I have recently returned. 1st Credit wrote to me at a new address asking me to get in touch with them when I did they said that I was still owing £1400 to he Abbey. Seeing that I had not paid anything since May or June 2007 I sent them a Statue barred letter. They have replied that because a default on my file was not placed until 18th October 2007 they are not regarding it as statue barred, are they right?

Hello, I'm looking for a bit of help or guidance please. my brother got a letter today from cabot telling him that his cc debt has been passed on to Optima collections. He's at his wits end as he thought all this had 'gone away'. He lost his job a few years ago (2008), through depression and marital break up, and asked the CC company to take reduced payments as he did not have much money coming in, they said no. Then he wrote and asked them to confirm they had a CCA and said the account was in dispute - they never replied and he assumed the lack of response meant they did not have one. He wrote to them again in Dec 2008 asking if they would take reduced payments as he did not want to 'shirk' the debt but still no answer. They passed the debt on to cabot as they wrote to him last year but he simply ignored the letter. Anyhow he has received another today telling him it's been passed on to Optima and they will be in touch but he's worried sick that they will come to his door! Can anyone tell me if there is anything he can do? is the debt statute barred now? he's made no payments since Aug 2008 and no contact since Dec 2008? Should he write and tell them the account is in dispute?

Some urgent help needed please, back in 1995 i settled a county court claim and I had a judgement set against me whereby I was required to pay the plaintiffs costs of £2000 which was all legal aid and compensation of £1500 I arranged a payment plan with the legal aid board and have completely repaid them and the last correspondence from the plaintiffs solicitors was in 1995 asking how I proposed to repay the £1500. I faxed the solicitors then advising that I could pay £25 per month and since then never heard anything. Earlier this year I received a standard posted letter from a new solicitor requesting repayment of the £1500 which I ignored several months later I received another standard posted letter advising of the first letter and requesting a response again I ignored this I have now received a standard posted county court claim form requesting payment of the £1500 plus interest that makes reference to the settlement agreement to pay but does not mention judgement ? attached to it is the letter from the original solicitor asking how I proposed to repay the £1500 and a copy of my fax advising I could pay £25 on that fax and only now known by me is a handwritten note which I assume is the solicitors saying ask plaintiff to pay £1000 plus 5 x £100 payments but this was never communicated to me. Surely after 18 years this debt is now statute barred ?

Hi All, In my absence as I was abroad, on 12/03/2013 IND Ltd made a claim for a credit card debt from 09/06/2006. I became aware of the claim and sent a registered letter to them on the 28/05/2013 stating I did not acknowledge the debt, asked to see the signed terms plus pointed out that it was statute barred ( which IND Ltd have ignored) with a copy going to the court to which I received a confirmation of receipt. This was after I received the Claim form on 9th April, Judgment for claimant on 02 May and Attachment of earnings order on 07 May. None of the above have been sent to me by recorded delivery so I was unaware of the proceedings. I have just been informed of another letter that was hand delivered without signature from maybe the court or IND Ltd telling me to reply in 8 days or attend court on the 30th of September. Can someone advise me on what I need to do as the initial first contact was 6 years 9 months from default date Thanks in advance

Hi Folks, A newbiehere, please bear with me. I have taken a DCA to Court whom had been harassingme for years for a debt that didn’t exist and furthermore the debt should havebeen statute barred as the last acknowledgement was in January 2006 guaranteed. The casehad been transferred to my local court on 16th Aug. I stated in the claim form NI: debt is statutebarred under s5 limitation act, DCA breached DPA under s10&a12, Harassmentand DCA registering an illegal DN. They filed a defence in court stating: I breachedcredit agreement by not paying up and a Default Notice was served 20 monthsafter I had breached the agreement. They also state Assignment and terminationnotice were also served. They are lying 100%. Never received alleged DN andAssignment notice or termination notice. Now,forgive me if I am wrong, I understand DN are normally served within six monthsof missing payments as per ICO rules, isthis correct ?if so how could they allege otherwise ? 1) As proceedings have now commenced andcase been sent to my local court, how would I go about getting acopy of the documents they had referred to in their Particular of Defence i.e Default notice, Assigment Notice andTermination Notice before hearing date ? 2) Will there be a standard disclosure process beforehearing date in which they will be forced to disclose these mentioned documents 3) Shall I file cpr 31.14 / remember proceedings areat local court but no date set yet 4) Will I have to bear the cost tothe documents they mentioned in the Particular of defence? Please help as soon as my local court will shortlyassign a date for the hearing. I suspect they may not disclose as it might getthem into more trouble with OFT, ICO and TS for allegedly filling DefaultNotices 20 months after debt becoming due or for lying by keep changing the default date. Lastly old credit report which I had lost showeddifferent default date but I can’t prove it now as it was lost. I would appreciate any assistance from anyoneplease.

Hello everyone, just a quick question here. I'm trying to get everything in my credit file back into the green after recently viewing it for the first time. I've found a debt for an unsecured loan with the balance outstanding of £2700 from Welcome finance. The last acknowledgement/payment is coming up to the 6 year period in October (Don't know if this applies for loans as well as credit cards?) but on my credit file in noddle it's showing as BB (payments up to 6 months late) and has been in the red since July 2008. I don't know why the discrepancy between the last payment and the date they started reporting it on my credit file. It has never been entered as in default. I'm unable to pay it and as such it is likely to go over the 6 year period as I have recieved no contact from the loan company. What will happen to this on my file? If they can no longer enforce the debt I don't want them to continue to leave a trail on my credit file.

Overdrawn Directors Loan account on company that was wound up in 2005. Liquidator still wants his money, is it six years even though liquidator states that overdrawn directors loan account was unlawful and therefore a claim for trust property which is not subject to 6 year limitation period.

Hi I really need a little advice on this one. My ex and I had a joint debt some years ago. When we split my ex continued to pay the joint debt. And I had nothing more to do with it. This was a mutual agreement. So, she has not been paying it over the last year and they have collared me for it. Now, I have not paid anything towards this debt in well over 6 years. So does that make it statute barred where Im concerned? Thanks

I got into debt some years ago and managed to sort out most of my debts bar one. Recently I have been contacted by a debt recovery agency who are trying to recover the debt. I have had no contact nor made any payments on the debt since April 2007 so presumed the debt to be statute barred. However, I then went onto one of the credit reference sites to check my credit records only to find that the default date listed for the debt was in fact June 2008. How can this be possible and is the time of the debt measured by my last contact or by the default date on my records. Any information to clarify this would be gratefully appreciated.

Hi, I've just been reading this forum for hours and although I have read a lot of things that are helpful, I'm still unsure on if this will all be relevant to my case. Hope I am posting this in the right place, etc Yesterday I received a claim form from NCC regarding an old overdraft. Here is the wording on the claim... "This claim is for the sum of 2366.15 in respect of monies due from the defendant under a regulated Credit Agreement pursuant to The Consumer Credit Act 1974. The debt was legally assigned to the Claimant and a notice of such was provided to the Defendant. The Defendant has failed to make contractual payments in accordance with the terms of the agreement. A Default notice has been served upon the Defendant pursuant to Section 87(1) of The Consumer Credit Act 1974 The Claimant claims the sum of 2366.15 which is inclusive on interest" So I know this debt was an old student overdraft from back in my stupid days. The company claiming the money is Lowell and I had no idea who this was so checked my Noddle account online and sure enough there is a debt to them from my old Halifax account so I presume this is the one they are claiming on, even though the claim letter doesn't actually say. Also, if they did send me a letter about them taking over then I don't remember reading it. So on my Noddle account it was last updated 17/06/2013 and the money was a good few hundred pound less which is my first confusion. I opened the account 26/07/2004 and it only states the date of default as being 13/06/2008. Now, I still actually have my old card even though I am pretty sure they wrote to me when they called in my overdraft and told me to destroy it. The end date is 10/07 and I have firstly moved house and been married since having this overdraft which was at least 4 years ago and I don't remember having used this account for a very long time. I am pretty sure it was called in over 6 years ago so I am wondering if this might be considered statute barred, but have no idea how to find out for sure and confused why the default wasn't until 2008. I would like to defend this claim or at least have a go as if it statute barred I don't want to be giving them money when I don't have to as I suspect they might just be trying one last ditch attempt to get something out of me. If it isn't though what would happen next? Would a judgement just be made straight away against me? Also do I have to go to court for all this or is it all just done by letters? I am very confused and a little scared and would really like some help and advice on this and what to do. I apologise if this reads a little confusing too and happy to clarify anything for you. Thank you

Hi, In March 2005, I was involved in a car accident. Although it wasn't my fault, it went knock for knock because it was in a country lane, with no road markings. There was a Motor Traders policy in place at the time but they found a technicality not to pay out. For years I have had the Motor Insurance Bureau and other Debt Collection agencies send letters asking for £7,000 for what was originally a £13,500 claim from the third party. They have just called me again today, and I hadn't heard from anyone for over a year. I have told them to put it in writing and not call me, but I am worried that this isn't going to go away. Can they enforce this debt? If so why haven't they done this already and given a CCJ? Does Statute Barred apply as it wasn't a credit agreement, and the £13,500 debt is from 2005. I am not one to bury my head in the sand, I want it dealt with but I am in no position to pay it. Please can you advise? Many Thanks. L

Ok hi everyone been a while since I have been on here, so here's what has happened I got a letter back in April from Aktiv Kapital about a debt from Nationwide which I have not made a payment according to my credit report since April 2008..... The account is now 9 months from being statute barred.I have heard nothing from Nationwide since 2008 and now I have this letter from Aktiv Kapital saying the account had gone into default in 2009. As I was moving I sent the letter back saying no longer at this address and I have not had any further correspondence, I did put a redirection on our mail. I checked my credit file this morning and there plain as day is a default from Aktiv Kapital. What should I do? If I send them a CCA and they send me the argeement then the counter will go back to zero won't it? Please help I need some advice on what to do next. Tnx

Crapital One credit card, last payment made in July 2006, it has been statute barred for just over a year, two letters today from Lowell, one with the Red debt header. This shower have been harassing me for six years, and are now chasing me for a debt that is statute barred, I think I already have a file for this debt somewhere in the archives, will have a look later. What is the most up to date "This debt is statute barred, prove it isn't" letter? Also think it is time I sent a few letters off the the relevant governing body/authority. Trading standards were a complete waste of time and did zilch.

Hi, I've been living overseas for almost 5 years and have defaulted on UK several loans\credit cards close to 4 years ago. I have just paid for a search which has come up clear of any CCJ. My question is if a CCJ was to be filed for would it not have already been done so by now. One of my debts has been sold on at least 3 times already but thankfully no CCJ. Also does the 6 year period before the debt can be statute barred start from issue of a CCJ or the date of initial default? Thank you

Afternoon Guys, I've been helping a colleague with trying to sort out her debts and creditors over the last couple of years and so far things have gone well. However, 2 days ago, she received a MCOL claim form from a debt from an old bank account not used since 2003. She has said that she has made no payments nor has acknowledged this debt since then so it's statute barred. I have trying to fill in the defence online and a struggling how to word it specifying section 5 of the limitations act. She has already sent a letter, which we got from the national debt line, via signed for, to the dca but just need to word it. Can anyone assist. I've spent the afternoon trawling through CAG and 'tinternet and can't find any examples. Boris Beaver

Hi, Just after some general advice. I have checked my credit report as I am hoping to apply for a mortgage soon and I have an outstanding payment owing which has a default date of May 2009 however the last payment made on this account was Dec 2007. Any advice on what my next step should be? I have heard of the Statute Barred but don't know much about it. Thanks P

I have been asked to complete tax returns since 2002 to present day due to periods of self employment. I have outstanding tax returns from years: 2005-06, 2006-07, 2007-08 I have various fixed penalties for late return and "determinations" for tax owed for these years. In these years, there was no income tax payable. The determinations were based on previous years (and where higher than in previous years as well.) I left the country to live in China in July 2006. I phoned the Inland Revenue to notify them of this, indicating that I was no longer self employed. I didn't have a mailing address to give them where I could actually receive mail so I reluctantly gave them a friend's mailing address. I returned two years later to find mail form HMRC (although a lot seemed to have been lost). Currently i have £5000 of debt to HMRC in the form of determinations and penalties - even though no tax was owed for these periods. My own fault I guess, but I wish HMRC had notified me of what I had to do to prevent this when I contacted them before leaving the country. Can anyone give me any advice? I'm going to a HMRC enquiry centre tomorrow to try and sort things out. I seems that I can't appeal the determinations because the time period has passed. There also seems to be an appeal processes against excessive determinations (which i imagine mine would be), but I think that limit is 6 years. I'm now wondering if any of the charges/determinations can be 'statute barred'. I understand that the statute barred rules don't apply to tax - but is a penalty charge form HMRC 'tax'? Can it be statue barred? What about a "determination"? If I submit a tax return for the years in question to show that no tax was payable (in fact I wasn't even resident for 2 years for tax purposes) then can the determinations even be considered tax? I mean, if I am non-resident in the UK for a period of years - if HMRC made penalties and determinations as if I was, is this valid? Just wondering what my options are. Really can't afford to pay anywhere near £5000 - but do really need to get this sorted out as I've had my head in the sand for too long about it already. If it makes any difference, I have various personal circumstances since 2009 which can act as strong mitigation as to why I've not tackled this problem sooner. Any advice much appreciated!

For the last 14 months i have had this motor mouth finance sending me Emails I have had the full circle, Marshall Hoars invisible bailiffs, Northern Debt Recovery, Door step collections, you name it. Not only was the original payday loan paid off in full, but it is also Statute Barred. After a period of three months of nothing from motor mouth, i have just received an email In a final attempt to resolve this matter without Legal Action we will accept 60% of the debt in settlement. If not legal action action will be issued. (I have a land-line contact number with the message) Well i am still ignoring these useless tossers for the moment as i have an ACE up my sleeve They have put a default on my credit file. DATED NOVEMBER 2012 (original loan 2007) and marked it as a MAIL ORDER ACCOUNT It is my intention to hit them with Durkin v DSG Retail Ltd And HFC Bank plc when i am ready

Hi there, I have received two letters today from Lowell addressed to my maiden name (married/name change 2004). Both letters say the following (both are for different credit card providers): - We're contacting you about an account that we have purchased from (credit card) which was opened on (date). (Credit card) have sold the account to us as there is an outstanding balance which they have not been able to recover. This may be because (credit card) did not have your up to date address details and therefore you were not in a position to discuss the account with them. We have used the services of a Credit Reference Agency and the have provided your address to us. Therefore we would like to confirm the information we hold is correct and up to date. Please call us straight away where one of our account managers will be more than happy to help you. Etc. I know that both of these accounts passed the six year cut off at the beginning of 2012. There had been no payments made or contact with them, by letter or telephone etc during the six years since the accounts went into default. What should I do? Ignore it, since it is out of date or send them a letter? Really appreciate any assistance you can give me with this Many thanks

Does anyone know if a CCA request resets the statue barred clock.

I hope this isn't a stupid question but.... most of the advice I have seen on here regarding statute barred debt always suggests that a poster checks their credit files with Experian or one of the other CRAs. The theory is that if a debt does not appear on the credit file, then it has gone past the six year limit from anniversary of default or last payment (I think that's right), and is therefore statute barred. My question is this - what if the debt was never put on the credit file in the first place? Are all debts put on credit files?

Hi, I have some defaulted debts from which I made the last payment on all of them around July 2007. The defaults were not registered until early 2008. I know these debts are coming up to being statute barred but does anybody know if I can get the defaults removed when the become statute barred in July, or will I have to wait until next year? Thanks Charlie

Hi Many years ago I had a credit card, I defaulted and was chased around a bit by the original lender. One day I called the original lender, whoever I got through to had either just been fired or was having a 'be honest it'll be good for the karma' day. They told me the lender had lost my original credit agreement, no record of it existed and I could stop making payments. Yes, I did fall off my chair! Over the years I've had a few DCA's contact me trying to chase up this debt and I've always ignored them or challenged them to prove the debt exists, the usual suspects, Wescot, Equidebt. Now it's been a very long time since I paid anything or acknowledged the debt in writing, probably around six years, but I don't know the exact date. Recently the pressure has been cranked up, more letters, a batch 'unrecorded' searches on my credit file. Then today I got a letter from yet another DCA, a sub division of Equidebt, threatening not legal action but to "begin a search into your (my) background and build an accurate profile of your finances ad pursue the best form of recovery action". I've no idea what that means, it could just be waffle. I could do nothing - has worked so far - or I could write and tell them the debt is statute barred and suggest they take a long walk off a short pier. However if I'm wrong and the six years isn't quite up could my letter be seen as an acknowledgement of the debt? Is there a way of finding out if my debt is now statute barred? Or should I simply write a 'prove it' letter? ie acknowledging no debt and challenging them to come up with a copy of the original agreement? Doubtless they could cobble together a 'reconstituted' agreement but that's a different story.