So I have sorted out this debt with Barclays on my bank account in 2010 and they agreed it was statute barred. Now it has been sold to SIGMA who I have sent a statute barred letter to. They have finally come back with my bank statements from September 2008 onwards and all it contains is 'balance forward', 'interest charged' and 'reserve fee' nothing by me. The account was opened as a student account in 2003. I left uni and had no contact with them until 2010, I actually thought they were part of my DRO but I must have missed them. Why if it was all sorted in 2010 are they again going after me? The bank statements are from after it became statute barred anyways. What can I say to SIGMA to get them off my back?

Hi, I hope someone can give a little advice on this; I defaulted on a credit card (£1500) back in 2001, at which point link financial took over the account. I paid some monies up until April 2007. Fast forward to jan 2011 and I was sent an allocation questionnaire from Northampton court, with Link claiming £6400. I filed a defence, and the case was stayed. All went quiet until last month when I found out the stay was lifted, and I have filed another defence on the 18th of feb (failed to comply with my CCA 78/79 request). Now, if you notice the dates, this is due to be statute barred in around 4 weeks. My question is: if any hearing or trial date was to be set after the 6th anniversary of any payment I made to link, would this make the debt statute barred? Or is that irrelevant because court proceedings have already started against me? Any help would be fantastic - flam

Hi there. This is likely to be a bit long (it's a rather unusual and long story) so I'll bullet point it for easy reading. If anyone can offer some clarification on SB stuff that'd be great! August 2008 - opened a student account with Lloyds with a £200 interest-free overdraft using a birth certificate and letter from university (I had no passport or drivers' license) September 2008 - used the overdraft to survive until student loan came in. Went over £17 September 2008 - Tried to pay £217 into my account and was told the account was blocked and no payments could be made in September 2008 - I went in-branch and was told that I needed to provide the passport I opened the account with??? The account had been flagged because there was no copy of the passport attached. I explained I'd never had one and that someone ticked the wrong box when setting up the account, but would be happy to provide my NI card, birth certificate, university letters and anything else. They insist on seeing 'the passport I provided upon opening the account' October 2008 - Lloyds still refuse to accept payments into the account. Start charging £70 a month in overdraft fees (£10 flat rate and £6 a day max 10 consecutive days in a month) December 2008 - Still applying charges. Account now stands at £217 + £210 in fees January 2009 - I move house for the first time and cease all contact with Lloyds (they will not let me change the address on an account which is blocked, so I don't) December 2009 - A debt collection agency contacts my grandmother (no contact is attempted by phone to myself). The debt now stands at £1,057 (£217 overdraft and £840 in fees). She tells them I don't live there, does not give them a forwarding address, and they leave her alone November 2013 - I start receiving texts from '1st credit'. This is the first contact by phone I have had. I have never acknowledged the debt, in writing or otherwise. My question is - when does the ticker for SB start? I've read in some places that it is last contact by the lender - would that be the last time 1st credit text me? Because that's this morning. Meaning my 6 years starts today providing they leave me alone. Which would be... irksome. However other sources say last acknowledgement made by me, which would be never (since I never acknowledged it). In this case would it be from the time Lloyds passed it on - which to my best estimation (since they wouldn't let me change my address I never received any written communication) is December 2009? I've moved house 3 times since the initial in 2008, and will be moving again soon. In the various muddles I've lost the overdraft fee letters from Lloyds, but as stated I never got any collection letters or anything since they wouldn't let me change my address, give them money, or do anything at all without providing a passport that I had never actually been in possession of. Thanks for any help, and congratulations to you on reading all that. You're a star.

Hi, I have a weird Statute of limitations question: I live in Scotland, had a letter today from Buchanan Clark and Wells about a loan I took out in 1999 and defaulted on. I haven't heard anything about this loan since around 2003. I told them this was statute barred under the statute of limitations, however, they have said a payment was made in 2010. Now this was definitely not made by me. The address for the debt on the letter was my mums address, so I phoned her and she paid someone who came to the door £10 a month for a few months thinking it was something to do with my dad (same name) BCW are stating that because of this the Statute doesn't apply, she should know, she's a lawyer. I think they are wrong though as there has been no contact or payment from me. does anyone know where I stand on this? Thank you in advance.

Hi, hope someone can help. I have a few old debts to various DCA's that have dropped off my credit file or simply do not show on my credit file. I know that I have made token payments on them about 3 years ago but cannot recall any of the payments being recorded on the credit file. Are these debts now classed as SB because they have dropped off as the 6 years since default has occurred or can the DCA's still act on them because I made the token payments?

My husband went through Security Clearance recently after more than five years off work due to sickness, going back to the same job he had before. He wrote a completely honest covering letter explaining how the debt happened when he went off sick and how PPI should have kicked in to cover it but he didn't get a diagnosis for three years. He had around £18k in debt, more than a years wages. No company has ever taken him to court so no CCJs, but a couple are still on credit reference agency files for around £9k. He told them about all of it though, just in case. All the creditors did was ring us and write a few letters (even the one large £7500 debt). He ignored it all and they eventually got old enough to be statute barred. They sent him a form asking for proof that he was dealing with his debts as well as the latest letter from each debt and to each company. But some of the debts had stopped writing to us a year or more ago. We just sent the latest from each and explained each individual debt. The main problem for us was that although debts disappear off the CRA after six years (as most of ours had), the letter the SC clearance people sent asked if he'd defaulted in the last TEN years. Even though they had no way of telling from CRAs, we had to be honest. Luckily we hadn't taken on any debt or credit at all in the last six years, our rent has been paid on time and we've lived entirely within our basic income and saved up for things instead. They gave him a years clearance and said they wanted it improved by next year when they'd write to him again. We will have to write to companies that gave up on recovering anything over a year ago, for statute barred debts that nobody has any details on. Will SC accept that all of these debts are statute barred, or will we have to start paying them for him to keep his clearance for the job? It would be a shame to lose his job when he's been so careful to avoid any additional debt for six years.

After dispute over the bank charges i closed my account with Abbey in 2007/8 . The last transaction being on 31/12/2007. I left with an unpaid overdraft of £1550 , which i disputed during the bank charge reclaims. I was contacted by Equidebt in 2010 asking for payment, i countered by not acknowledging the debt and stated that the overdraft was simply bank charges unlawfully imposed by the bank and that i would defend any further actions along that basis. Equidebt never proceeded any further. I have moved house since 2010 and today have had a letter from Santander thanking me for updating them with my new details i.e. coa. I have not acknowledged the letter. The account as been inactive since 31/12/2007 albeit they continued to send statements for a short while. Is this overdraft debt now statute barred ? Would it take effect from the date of my last transaction or the official date the account was closed which was sometime in the January.

Hello I had credit card debt with Coop. In 2008 I wrote to Coop and advised copy agreement they supplied was unreadable and requested ppi information. I never received reply or any other correspondence. That is until now - as the debt sold to Lowells - and they now require payment. I thought under the Consumer Credit Act that an annual statement should be sent showing the outstanding balance. So is this a breach? - or just a tecnicality. Any advices guys how I should proceed? I still need to get response from Coop about the ppi.

After the big discussion on statute barred I think a single thread for overdrafts is needed due to it's complexity and also the need to get real life dealings with the DCA's because no one seems to know if they accept SB on overdrafts 6 years after no payment. It would help a lot of us on here if people who have tried for statute barred on overdrafts with DCA's can tell us about the outcome and wether it was a simple overdraft recall or the account went into unplanned overdraft.

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

Hello Could I ask a question I have recently been getting a few (putting it mildly) texts phone calls etc from fredricksons all these debts are statute barred , well over the 6 years since any contact or payment.. does the same 6 year rule apply to mobile phone contracts , so every day theres phonecall after phonecall surely this is not right I got a letter saying I had made a payment to lowell which didnt happen im not that stupid but either way im just waiting fro the Dimwit? who thinks he's a legal professional " Bryan Carter" to take me to court, it seems the next letter after proving your not going to bend over is they threaten you with this and then try it on in court Is the ACE UP MY SLEEVE the absolute defence that they must prove any payment and that I can just say 6 YEARS your honour he's actually making a mockery of your court by trying it on Is there anyway I can take these guys to court for trying it on with the lies they are purporting? to be honest I would be more than happy to take a drive and sort it out face to baseball bat with the jumped up idiot that's running the show, (i know you guys probably don't condone actions of this type but in all honesty an addition to my record for taking care of this devious little *** wouldn't really bother me and might give others great joy) I'm trying to sort out my life here and am being threatened I definitely know the kid on the other end of the phone wouldn't dare speak to me in the manner they think they can if they were in the same room so more likely its better sorted using the pen than the sword so can anyone help

Hi, I have 2 defaulted accounts that are owned by Lowells, one is statute barred but the other one has some months to run. They have sent me a letter for the one that is now statute barred saying if I don't pay soon it will be passed on to someone else and if I don't pay them they could try to get me a CCJ. I could send them the statute barred letter but I am worried if I do it will make them pursue the other one which isn't statute barred. The one that is barred is for £1,000 and the other one is for £2,900. I recently got a couple of bad credit credit cards and on the letter Lowell's had said after looking at my recent financial activity on my credit file they believe I am in a position to pay. Any ideas on how I should handle this situation? Thanks Andy

In April 2007 I was the victim of Internet fraud. The crim was tried, convicted and sentenced during December 2008. Unfortunately I was TIC'd (Taken Into Consideration) on the case and I did not receive any compensation nor did anyone else on the sheet. Recently, I have noticed the crim is trading under his own name (sole trader) and I was hoping to issue a claim against him. Of course now it is more than six years since it has passed. The only thing I wondered was, given a criminal case was brought against him can I take the resolution of that as the time in passing? Otherwise I guess I'm shafted. I feel like there should be a way, because some cases can take a very long time to come to Court and be resolved which could easily mean that compensation ends up being statute barred. Issuing a claim before now seemed impossible, the CPS refused to disclose his details citing the Data Protection Act and with the claim being sub £1000 the legal costs to track him down would have been prohibitive. Any advice is appreciated. Jim

Please can anybody clarify something for me, I apparently had a loan with HSBC taken out in May 2007, my credit file says I made 4 Payments taking me up until October 2007. I have a default date on the credit file dated March 2008. my question is does the 6 years start from the month they claim I stopped making payments or from the date they defaulted my account? Many thanks

Hello again CAG I am almost at the point of my financial life being totally clear. I had two outstanding defaults on my credit file, one fell of in August 2013 and One falls off in February 2014 - then my credit file is clean and my life can go on as normal... However, Blake Lapthorn have taken over a debt from Arrow Global, totalling around £7k, originally from HBOS. This was for the debt that defaulted in August 2007 and "fell off" in August 2013. It is not longer on my credit file. However, in my naivety, I paid £1 per month towards this debt for a long time to have it "frozen". My last payment was 3rd April 2008. Blake Lapthorn "think" my last payment date was 2010, but I have confirmed with HBOS that this was incorrect, that there was a transaction on the account in 2010 which was interest raised when HBOS sold the debt to Arrow Global. So, Blake Lapthorn is wrong. Blake Lapthorn have not yet filed court paperwork, and I have contested my last payment date to buy some time, while they investigate. If this case doesn't proceed until >3rd April 2014, then it would be statute barred, right? meaning: - 6 years since last payment - 6.5+ since default was registered If this is correct, then I really need some advice of what to do to distract Blake Lapthorn to stop them rushing this through court to register a CCJ before this cut off date. They don't know yet that 2008 was the last payment date, but they have gone back to investigate their records with HBOS. They will find out very soon, lets assume just after Xmas. How can I buy 4 months without them arguing to the court that the "only reason for delay for court was because I was timewasting" - how can I do this guys?? I'm hoping for some real practical ways to hold this off and ensure that the debt is statute barred. I cannot risk a CCJ when I am so close to being clean and having a perfect clean slate. I run all of my debts perfectly now, and I made some mistakes when I was a student. I just want to be free from all of these nasty DCAs and bad credit. Thank you every so much for your thoughts, guidance and comments.

Hello, I have an old debt that is statute barred (last payment made 08/07) and no correspondence from me in between. Lowell have taken me to court and I am due to see them there next week. I have written telling them it is SB but they are saying it did not default until some six months later so is still enforceable. I thought SB related to payments and correspondence and a default can be added anytime so is not relevant. Please can somebody give me the facts urgently! Thank you for your time.

Had an Argos card in 2005, This received today after sending statute barred letter. Dear NM We acknowledge that the account is statute barred and so governed by the Limitation Act 1980. Under the OFT guidelines it is accepted that legally the debt still exists but that the collection of these debts must in no way be contrary to section 40(1) of the Administration of Justice Act 1970. Whilst we don't consider our actions have breached any law or regulatory guideline, your account has been withdrawn from our regular collections process. If you have any queries call one of our customer advisors. Oh how that must hurt

Hi I have four different debts which have been with me for a very long time. I intent to deal with them now, and any help would be greatly appreciated. Firstly I have 2 separate debts with 1st Credit a company based in Riegate. the first of these two debts with 1st Credit is for a Barclaycard I took out on 3rd of March 1999. The default date for this debt listed on my credit report is 30th December 2008, however I think I stopped paying or contacting barclaycard a lot sooner than this date. I am not sure exactly of the last date when I made a payment or contacted barclaycard in regards to this debt. I am pretty sure however that it has been there or there abouts 6 years since I last acknowledged this debt. Can somebody please advise me as to how I can find out the exact date of my last acknowledgement, so then i can decide what is the best next step to take. The second of the two debts with 1st Credit is for another credit card with a different company. the start date of this card was 7th August 2003 and the default date was 30th April 2008 as listed on my credit report. Same again with this debt it is very close to the 6 year mark, however I need to know what is the best procedure to find out for definite the dates of my last acknowledgement. As far as I can remember I have not been in touch with or paid anything to either of the credit card companies or any subsequent DCA with 1st Credit being the most recent. But i would like to be sure before I make my next move. So Just to summarise, both the above debts are with 1st credit as two separate debts and i have only recently started receiving letter about these debts in the last few month since a company did a credit check on me and asked for my current address. before this time i have not spoke to anyone in regards to these debts for around 6 years and I would like to know the exact dates of my last acknowledgement, please can someone tell me the best way to go about finding this information, and also advising me on what would be the next right step. In regards to my third debt this is with a company called Cabot Financial (UK) LTD. This is also for a credit card debt. I took out this card on 9th September 2003 and defaulted on 21st December 2009. This company does not have my current address and are sending letters to one of my previous addresses, which is a friends house so I know they are still writing. as this debt is listed as default in 09 and I am unaware of my last acknowledgement date, what would you guys advise i do with this debt? I think it has been over 6 years I have not acknowledged anything however I am a little unsure and don't want to end up making a bad situation worse by contacting DCA too soon. Any suggestions as to how i should handle this debt would be greatly appreciated. My Final debt is with a company called Hoist Portfolios. This is listed on my credit report as being started on the 10th May 2006 and defaulted 1st august 2008. If I remember correctly this debt is for a utility bill, and they are not currently contacting me. what would be the best thing to do with this debt? by this i mean in terms of contacting the DCA to find out when a last acknowledgement was made of the debt. Pleased advise as to what is my best next tep in regards to the above four debts. I look forward to your responses. Thanks

Second Letter that I opened this morning BCW Pursuer Aktiv Kapital Creditor GE Capitol Global B&Q Ref VISIT BY DEBT INVESTIGATION OFFICER Dear new-me We regret to note your account with AK for £300+ remains outstanding You were informed in our last correspondence of impending court action. As a consequence of your failure to contact us and agree a resolution to this long outstanding matter, we must advise you that we are left with no option other than to proceed with a Personal Visitation by a Debt Investigation Officer to your home address om order to discuss and agree repayment of the debt. If your address details are incorrect or there is a particular time you wish the Officer to call we would ask you to contact us immediately on 0844 571 4210 Yours faithfully BCW Oh how I chuckled at the Personal Visitation, made me think of a bat or something dark coming to overpower me LOL After reading these forums I will not let anyone put the frighteners on me again. Please can someone baby step me through this proceedure.

I'm looking for a template letter to use to send to a DCA/solicitor They reckon a credit card account which I've not paid into for over 6 years needs paid or else they are going to issue court proceedings. Every time I click on a link on this site it tells me I don't have access to the link Yet I've been posting on and off on here from 2007............. anyone???

I knew getting my paperwork sorted by reading that post by Sarnie was pushing me in the right direction and I still feel empowered. This morning have had a lovely letter from Midas entitled LITIGATION WARNING, and i DIDN'T burst into tears ! I haven't got a scanner so will have to type it in. Dear new-me re LLoyds TSB Bnk PLC Balance £3000+ Litigation Warning We are part of the Moorcroft Group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the above account. We are now reviewing the account prior to any possible legal action by external solicitors acting on behalf of our clients. To prevent possible further action you must contact Moorcroft Debt Recovery Lts at the following address Moorcroft Debt Recovery Ltd po box 17 Moorcroft House, 2 Spring Gardens Stockport SK1 4AJ Tel No 0161 475 2830 Fax No 0161 477 3864 Failure to contact MDR by 08/01/10 may result in the issue of legal proceedings without further notice. Quote Ref No Yours sincerely Mr. M Dobson Litigation Manager Well back in June/July I sent of my £10 to get all statements and have never had them, had silly letters saying that i should speak to customer services, I'd made a hardship claim but they weren't interested. I'm still living on pennies ................ So dear Caggers can you guide me through this maze in baby steps cos am totally lost now. I need guidance from an angel .....

Hello all and thank you for taking the time to read my post. I was a university student from 2005-2009. I had a student account, with £1400 overdraft, with Natwest from 2005 until September 2008 (When a notice was issued under section 76(1) and 96(1) of the CCA 1974. I saw foolish enough to apply for a £5000 loan in October 2007 from Natwest, which I was approved for, despite being unemployed. I could not afford to pay this loan and a default notice was issued in October 2008 under section 87(1) of the CCA 1974. The last payment I made to either of these accounts was 25th July 2008. Other pertinent information: Default date for loan on Credit Expert says 12/2008 despite Default Notice saying 10/2008. Default date for overdraft on Credit Expert says 12/2008 despite Overdraft Notice saying 09/2008. Both accounts not updated on Credit Expert since 08/2010. My Questions: Should the overdraft receive a default notice like the loan? As I have not acknowledged either account since 07/2008, will they become Statute Barred in 9 months? Will Natwest wait until the last minute and then file for a CCJ? How common is it for them to not update an account for over 3 years? Thank you for reading. I hope somebody can help.

Quick question, would the 6 year rule of limitations be applicable in regard ro an alleged overpayment of WTCredit? Many thanks

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?

I apologise if this is the wrong subsection, I was a little daunted by the huge amount of information available! I've spent the last 24 months trying to sort my financial life out. I was pretty lucky that both my mortgage company decided not to act upon my huge arrears and the local council took back a massive debt from the bailiffs and allowed me to pay them direct. This month marks the point where the mortgage is up to date and I have 2-3 payments left on the council tax. My gas and electric repayments also end in September. This relative turnaround in my situation has left me wanting to sort out other 'non-essential' horrors from my past, and because of this yesterday I applied to look at my credit files via Equifax, Experian and Noddle. All were interesting reading, but left me with a few questions I was hoping you could help with. 1.) For many years I have been chased by Robinson Way for debts relating to Carphone Warehouse O2 accounts. From memory I think there were 4 separate accounts, with different amounts ranging from around £200 to £854. At no point have I responded to Robinson Way, nor communicated with them via the phone. Relatively recently I received a letter telling me that one of the accounts had moved to another agency, and there were two companies mentioned and I can't quite remember how it was worded, but Hoist (?) and drydensfairfax both were named. Yesterday I noticed when I looked at the 3 files than only one account shows, the one for the highest amount (unsurprising!). Coincidentally I also received a letter yesterday from drydensfairfax asking for payment for an account related to Hoist for £244. I'm putting two and two together and believe this is somehow to do with one of the old O2 accounts. This has opened up a few questions in my head; Why is only 1 O2 account showing on my credit file? Why are drydensfairfax chasing me for a debt that does not appear on any file? What's happened to the other 2 accounts? 2.) The O2 account worth £854 is approaching 6 years old. Below I've put links to images from my credit files; Equifax and Experian in that order and it does not show up on Noddle. Apologies for the broken links but I don't have the correct permissions yet. i.imgur. com/tlNYrBc.png i.imgur. com/8DDRbmx.png My questions here are; Why do Equifax and Experian show 2 different dates for 'last updated', 19/05/2008 and 28/03/2010 respectively? From the information you can see on the images when would this debt be statute barred? If I decided against statute barring (if possible) and wished to settle the debt how would I go about finding who the current owner is? 3.) Showing up on all 3 files is a debt relating to EverythingEverywhere, T/A Orange. Again, please find a (broken) link to an image detailing all 3 reports. i.imgur. com/4ztmQfh.png Two of the same questions as above; When would this debt be statute barred? If I wished to pay how would I find out who owned the debt? 4.) Experian and Noddle show two debts to Provident. Under Equifax there're both marked as 'default' and 'satisfied' and have a 'partial settlement' note. Under Noddle both says 'satisfied' Both lenders report final defaults in December 2009. I'm confused because as far as I recall I have not partially settled these, to any degree at all! Questions are; What effect do these have on my rating? Am I correct in thinking that I would not be chased by any Debt Collection Agencies for these? Are these debts in effect 'finished'? Would these defaults be removed in December 2015? Many thanks for reading this whopping massive wall of text, any advice from you guys would be much appreciated! Matt