Hi all, I became a carer for my parents way back in 2007. To do this I had to give up my business and as a result had my home repossessed. As my mum had dementia and declined rapidly I had little time and even less inclination to deal with it all, and dug my head in the sand. At the old property (by that point I was living with my parents) I had a lot of debt letters and just left them there. Only 2 creditors are still chasing me via debt companies. They are both credit card debts. I sent 1 of them the statute barred letter as they turned up at my door the other week. The guy was more of a friendly 'good cop' than a bailiff. They have replied back saying the debt had a CCJ issued in 2008 and gave me a case number to check. This would have been addressed to the old property which was repossessed in 2010. My parents died last year and although I have inherited the house I have yet to process it at the Land Registry. I am worried about balliffs turning up. The debt is around £7k. Thanks JM

I have two statute barred student loans from 97 and 98. I am finishing my degree and was told by student loans company that I have no outstanding debt and that I could proceed with the finance application. I have now been told that: "We have had confirmation that the balance is statue barred, however, this does not wipe off the debt from your account. As you are in breach of the original loan agreement, you will remain ineligible until such a time as the arrears have been cleared in full from your account". I will be derolled if I can't get the loan to pay for the tuition. Is this correct information I have been given? Thanks

Hey, Got a bit of a strange one here - I have today received a green letter from Lowell Solicitors saying that I have not paid the £50 instalment on a CCJ they have obtained on a VERY old Orange mobile phone account. This is the first letter I have ever received about this naturally, it made me check my credit file where low and behold - a CCJ has been placed under my old address (not lived there in almost 7 years). This letter says that I have got until the 11th December to make the £50 payment or they will recommend enforcement action. My issues are as follows. 1) This is the first thing that I have heard about this (genuinely) and did have an old Orange account at my old address back in 2008 after falling on hard times. No payments have been made on that account since we moved in Feb 2011 and I have not knowledged anything. 2) The CCJ which was obtained in Oct 2017 is under my old address so does that mean that any papers I would have needed to see for challenging etc have gone to that address? 3) Can a CCJ be obtained and enforced on a statute barred debt? Hopefully, someone can help me out here and give me some advice. Cheers Scott

Hello all, Friend of mine asked if I can check something for him. Is his debt written off after 6 years? For example letter had arrived today from DCA and debt last payment he made was on 01 Jan 2012. That when he made last payment. Does DCA 'reset's almost 6 years period of time? Thank you!

Hi, I received an email this afternoon from Robinson Way chasing a debt of around £4500. This debt fell off my credit report in June this year, and I think its statute barred, although I don't know if I ever made payments that have not been recorded and I have changed banks since so its not easy for me to check I think I understand the burden of proof is on them but I am unsure what my next move should be. On my credit report it stated 'owner gone away' before it fell off. Thanks in advance for any advice.

Just trying to get this clear in my head, old car purchase properly terminated via section 99 sold on to various DCA usually gets to letter before action send copy notice and lenders admission they ignored notice see you in court it goes away for goodly while has just resurfaced ( with massive discount on alleged amount) but it is now since 2009 when the first alleged debt was claimed. As I understand it all the time the DCA contacts me and to avoid going to court I respond saying I do not acknowledge debt here is proof they can keep passing it around trying. Now if I say that I have no intention of effectively wasting my time as its out of time anyway have never acknowledge the alleged debt and have no intention of ever doing so they should stop?

Hi, Sorry I don't know a whole lot about this but I have suddenly had three old debts pop up from different debt collection companies threatening me with further action etc. It seems to have happened as I made an inquiry with a PPI company a few months ago but didn't bother going any further and I am now wondering if that has opened me up to all of this. I think these three debts are statute barred as I have not made any contact whatsoever or made any payments or acknowledged the debts for at least 7 years, maybe longer but knowing how sly some of these companies can be, I wouldn't put it past them to fake an acknowledgement or some form of "contact" and so it worries me about emailing them or writing to them and stating that these are statute barred debts. I am worried that they may try to trick me. How can I prove that I have not made any contact for all of these years? They could easily just say oh yes you have...I don't understand. Can anyone please give me some advice on how I can stop these writing to me and making threats or maybe give me the best wording to put in an email? As saying "you can not enforce this is as it is statute barred" is in itself admitting to the debt I suppose. Also, there is no doubt it is at the very least 7 years since any contact was made. Many thanks.

Hello, In 2007 I received a letter about a mortgage shortfall from December 2002, a payment had not been made to the OL since around April 2002. The OL sold the property in 2002 for around 40% below market value (in comparison to other properties in the street that were sold around the same time) and valuation. I sent two SARs to the OL (The Northern Rock) in 2007 in order to see how the outstanding monies for the property could be at such a discrepancy to value, I wanted to ensure that CML guidelines had been followed correctly and that best value was attained. No responses were made to my SARs. I argued all relevant points with the solicitors representing the debt company regarding this and SAR'd the debt company. After this everything went quiet until 2013, same scenario with a differencing representing solicitor firm, my response the same as previous, their response "we are closing this case". All quiet until 2017, again a different representing solicitor firm around 6 weeks ago, 3 letters later of "we represent our client and we need you to send us details of your income blah blah...." I have not acknowledged this debt and the debt has never had a payment made against it. I have read the OFT guidance on statute barred and as all will know 12 yrs for mortgage. The only "but" is the statement that as long as a creditor stays in regular contact then it isn't seen as unfair to pursue. My argument against this is that every time I have been contacted I have never received satisfactory response and the situation has been closed. Now I am seeing repeated contact over long periods of time as a means of prevention of said debt being classed as statute barred, which is feeling like an unfair practice to me. Can anyone advise please?

This not my debt or my fight, BUT.. A friend has contacted me re a debt they once had but had long since forgotten about. Out of the blue in September 17 they received a County Court Judgement issued by the bulk mailing centre of the courts from Northampton, judgement was awarded by default to the DCA's solicitors/DCA The debt was in excess of 8k, I suggested they wrote asking judgement be set aside and for it to be transferred to their local Court. The issue is two fold, the defendant (my friend) seems to think that the last payment they made was in 2009 thus putting the debt over the 6 years stat barred limit. However, since the initial court judgement being set aside they logged an account with experian for their credit record and it shows that there were 3 payments made in 2011 , Oct/Nov/Dec 11...which co-incidentally means the debt is not stat barred. As they have no recollection of these payments they're tending to think they were added by the DCA to remove the debt from being stat barred ( From personal experience I know dca's have manipulated a credit file of an alleged debtor to suit their own means for collection purposes) but I'm not sure they'd be able to edit a file in this particular instance but maybe they could of?) What is the position on a debt when it's in the court system? As in, the new date at the local court for the previously set aside judgement takes it to over 6 years since even the last recorded payment (even though that initself is disputed) will this mean the debt by the time of the hearing is stat barred so the case would automatically fail or does the clock stop on the debt when it was initally given judgement in default by Northampton? (which was 5yrs 9months since the last alleged but now disputed payment) ? Also, if the clock is stopped due to the court action, should they write to the dca via recorded means requesting a copy of documents (credit agreement / the three payments in dispute) ? They did write to the dca with a cheque for £10 for SAR but received an answer back from the DCA's solcitors with a load of technical jargon re customer confidentiality (dca/solicitor correspondence) and so would not give any of that information but that the DCA would be in touch soon with whatever they had blah blah? Any pointers would be much appreciated.

Hi everyone, moderators - please move this post if I have posted in the wrong forum. I have discovered that 1st direct have registered a default against me, in 2014, for a Barclaycard debt unacknowledged since 2003. I only found out when I was turned down for a bank loan this year (from a bank where I've had my current account since 1984!) Having read these forums, I realise this isn't that uncommon, although it seems completely immoral and unethical to me. I have submitted a SAR to Barclaycard, but they have said it will take up to 40 days to reply (and to ring if it still hasn't arrived ....). My question is; what is the quickest way to restore my credit record? Thanks in advance to everyone who replies, I appreciate how much people on here help others for no (financial) reward, I feel it's a triumph of the human spirit against a system that is loaded against the individual.

Question regarding Statue Barred If you have been overpaying on a unsecured loan and then stop paying, but because you have been overpaying you have built up a reserve balance of money which then continues to service the accounts minimum payments for the next 6 months. When is the statue barred date? e.g. Physically stopped paying money into the account August, but the minimum repayments were being serviced by the overpayments balance till March the following year. Also can someone confirm (as I have seen conflicting information on various websites) is it SB from the last payment or the default date? I have always believed it was from when the last time payment was made on the account, granted the default date will generally be well after the last payment (provided you not reset the clock by paying again) so if you get past this date you know your 100% in the clear.

I was 20 when Halifax said hey, fancy a £10k overdraft limit and a £7,000 loan at a large APR. Stupidly I said yes. I tried to keep up, but failed. We're 11 years down the line, the debt has passed around from place to place. I moved a few times, they chased, but I never answered a single letter or phone call. 2013 it went to Arrow global, after that I found letters from capquest offering negotiations, Arrow again seemingly, then a month ago Blake and Morgan claim to have purchased the debt and asked me how much money I earn. I ignored and today received a county court claim form. First thing I did was ring the national debtline, who said I should ring blake and morgan asking for a statement of accounts and when the last payment was made. I did that. I apparently made a payment to the account early May 2012, they said this was most likely to Arrow as they had the account at the time, afterwards I found paperwork which said Arrow purchased the account in 2013, so this apparent payment can't of been to them. Morgan said the account is on hold for 30 days for the moment, and I was about to send a formal letter asking for the statement of accounts tomorrow when google led me here. Looking through my old bank statements, the last payment that went into that account was September 2010, nothing else went in, after that I stopped using the account as it was minus a large amount. I have statements up to Feb 2011 clarifying this. I can only assume I don't have any statements after this because the account was closed for no activity and being minus 10k. There is definitely no way I have made this payment in May 2012, the account should have been long shut. I rang Halifax to confirm when the account was shut and after very nearly getting the information I need the call mysteriously hung up and when I rang back the other woman I spoke to said they can't give me the information. Any advice would be much appreciated.

I have a qestion one of my friends have recieved a letter stating Baliffs will attend in 14 days to remove property for a very old debt from HSBC which was sold on to PRA Group Ltd. After checking her credit file a CCJ was issued against her for her debt by PRA Group Ltd in Oct 2016. The thing is the debt was Statute Barred when the CCJ was issued so surely it is not enforcible, any suggestions on how to proceed would be greatfully received.

I hope this is in the correct sub forum Last week I sent a statute Barred letter to Restons Solicitors for an debt that falls under the statute Barred law for an alleged debt to Capital which seems to have been sold to Cabot Financial I did not sign this letter I have recieved a county court claim from Northampton to which i have acnowleged for the same as well the day i sent this letter A copy of the letter was also sent to Cabot This morning i have received a reply from Restons more or less saying that i have sent them a "Draft" letter which purports to come from me which is unsigned and until i sign it to prove who i am they will not Acknowlege reciept nor provide any response! Should I sign the letter and send it back ? Can they ignore my Statute Barred Letter? Ive read storied about DCA making false copies of documents with peoples signatures Thanks in advance

Hi all I have received a claim form from Restons Solicitors on behalf of arrow global for a debt from 2003. Arrow say they purchased it in 2011 and I remember a claim form from them in 2012 with Bryan Carter. I'm pretty sure it's the same alleged debt but it was statute barred in 2012 it still is now. This debt is 14 years old. They've tried before it's no different now. I've asked them for the prove it and also made my defence of statue barred. I just wanted to know, can they keep filing claim forms with Northampton county court? or is this harassment because arrow has already been told once that it's statute barred. Thanks in advance

My credit record has two 'defaults' registered, both originally Egg cards, but following a CCA request for the original docs they were unable to provide those, so in effect unenforceable. One of the entries is by Barclaycard(£5306) the other (£1285) by a DCA, Cabot, I've never had any correspondence from at all (though there have been 4 DCA's trying to get money!). Barclaycard registered a default date of 01/03/12, even though the DCA dealing with it at that time was Moorcroft. Cabot registered the other as 24/01/12. None of these 3 has ever sent any Default Notice of any kind. I understand the legally effective date from which a Statute Bar is applied is either a (lawful) Default Notice, or the last payment made by me to the alleged creditor. That date would be 01/07/11 -I have proof that was the last payment I ever made to Egg via CCCS as it used to be, now Foundation for CRE. I now want to get these two 'defaults' removed from my credit record -I know they will 'drop off' in a few months time,but I want to act now. How should I go about this? Thanks for any help!

Hi To cut long story short, had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016). DCA wrote chasing debt - I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable. DCA said would look into the matter almost a year later, has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt. I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable (?) what would be a sensible course of action to take in respect of their request for me to get in touch re repayment? Most grateful for any advice and thanks in advance.

I took out a hire purchase agreement on a new car in 2009, in Scotland. Two years later in 2011, I ran into relationship issues and became homeless with no fixed abode. I lost track of life in general and became very lackadaisical with money. Circa Feb 2012 I received a call on my mobile from a man, whom never identified him self. I answered. He told me I had not been keeping up with payments and I should hand my car back. I said I'd check the bank and would report back. I never did get back to him. In 2016 after hearing nothing about the debt for 4 years, I started receiving numerous letters, almost daily, from Link Financial at my current address (don't know how they found me) telling me I owe them £12k. I didn't acknowledge the letters as I was under the assumption the debt would be "statute barred" within a few months. After the date that I believed the debt was time barred, they sent a letter telling me they would be passing it on to a law firm. Several months and nothing. Then a letter from this law firm appeared. Strongly worded. A breakdown of what it says is: - They are acting on behalf of Link. - The agreement is now terminated. - Their clients are the owners of the vehicle, they have been instructed to recover it along with a payment of £2200. - The balance after the fact will be £9.8k however the sale of the vehicle will reduce the outstanding balance. - Failure to pay and return the vehicle may result in court action being raised which may result in wage arrestment etc etc. Now is this them just using scare tactics and upping their game, or do I have a case to answer here. The facts from my end are: - The last payment I made to the original creditor was August 2011 - On my credit report, the default date of the account is October 2011. An entry made by Link Financial. - The car is not reported as stolen but does have a HPI marker. - No CCJ or court action has been raised before. - Approx 40% of the original agreement was paid, if it bares any relevance. After which I failed to keep up payments and the original creditor passed the debt on. Advice very much appreciated. Extremely worried as I don't know if these are scare tactics or I could now be facing serious trouble.

Hi all, Was just going to complete the defence myself as I didn't want to trouble you all with (what I believe is a pretty simple defence), but hopefully this can help others, who are in a similar situation. This morning (dated 6th June) received a claim form, details below: Name of the Claimant: Arrow Global (Drydens Solicitors) Date of issue – 6/6/17 What is the claim for – the reason they have issued the claim? 1. The claim is for the sum of CA £7.5K in respect of monies owing by the defendant on a credit agreement held ny the defendant with MBNA under account number **************** upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from MBNA to the claiment, and the defendant has been notified of the assignment by letter. Contact Drysdens Solicitors on ...... What is the value of the claim? CA 7.5K Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, after SB date had passed Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulties What was the date of your last payment? End February 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No offered £1 per month untilI was in a better financial position but was ignored so ignore them and their letters. I'm assuming this is a pretty simple statute barred defence, the last payment was Feb 2011, so first cause of action would have been end March 2011. Looking at my credit report it says in June 2011 payment was up to 5 months late.. (5BB), defaulted in August 2011. Is there any point me filling in the AOS for an extra 14 days, seems I'm just giving these leeches extra time. Just to be clear my defence will be: 1 The Claimant's claim was issued on 06/06/2017. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £7500 (approx) or any other sum, or relief of any kind is denied. Hope I've covered it all. Main question was do I really need to AOS to give them extra time? Thanks for all the help, both now and in the past. Just a quick note, it's odd they are not claiming interest. Not seen this before, just £410 court fee and £100 solicitors costs. Does that mean they've already paid £410 to issue the claim..?

Over 10 years ago I bought a motorbike on HP. Shortly after buying the bike, my circumstances changed and I moved overseas to work. I stored the bike in a garage and it stayed there. I did not make any payments while overseas. I recently returned back to the UK and the bike is still where I left it. Can the finance company repossess the motorbike or is it now time barred? Are they even interested in a 10 year old debt?

Name of the Claimant ? Lowell Potfolio 1 Ltd Date of issue – 11 May 2017 What is the claim for – 1.The Claimants Claim is for the sum of £564 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HFC Bank Limited under account reference XXXXXX and assigned to the Claimant on 23/12/2011 notice of which has been given to the Defendant. 2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory interest persuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.12 from the date of assignment to 22/12/2012 being an amount of £43.92. What is the value of the claim? £738 Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Loan When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned - Lowell Portfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so. Why did you cease payments? Financial difficulties. What was the date of your last payment? Probably June 2006, but proven as before Nov 2009. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. Hi all. I have read several threads on the forum, and could probably work out how to do this on my own, but I would feel a lot better with some experienced guiding hands. I have received a court claim from Lowell Porfolio regarding a loan taken out originally in 2005 with HFC for goods purchased from a high street retailer. If I remember correctly, there was nothing to pay for 6 months, followed by 6 months interest free payments. Failing that it was to revert to 36 payments with interest. I believe that I only made one initial payment, before falling into difficulties. I have managed to find a statement from HFC stating the balance in Nov 2009, and that is the same balance that has appeared on all correspondence to date, so I can show that nothing has been paid since then at least. I do have a letter dated Nov 2012 stating that the loan had been assigned to Lowells. Any help on my best course of action would be gratefully received.

Hi, I stumbled across this website and I hope you can help me. I'll be so greatful if you can. I have a defaulted Lloyds account which I last used in 2007, and in oct 2013 it defaulted. The overdraft had grown from about £250 to over £1600. I received not a single letter... .up until 2013 when I got one from a credit collector demanding I repay it. I have been arguing it is statute barred for some time now, and they have supplied me with statements showing no activity since 2007 and a steadily increasing debt. It defaulted shortly after maxing out and defaulted. I seem to be going round in circles, after reading what feels like the whole internet on this topic, my point is that LLoyds could have taken action after a nominal two years of inactivity, thus starting the SB clock. Is lloyds had withdrawn the account as per their own T&C then it would have defaulted a long time ago, and been a much smaller debt. Do you think that is a fair argument? If it is, clearly it's not in their interest to agree, so how do I force the issue as I don't want this to go on another 2 years! Thanks for any help you can offer

Hi there and wonder if anyone can help. Unfortunately, my husband passed away a couple of years ago and he handled all the payments of bills, etc. since the 90s we hired a company to tend to the garden once a month and they billed us quarterly. The problem is that two years ago when i went to pay for the services for the proceeding months ahead, they told me we haven't paid them since 1997 and gave a bill for a few thousand as they are saying it's back dated from then until now. i told them that my husband would have paid them, and he always paid things like this in cash, and they should have a record as i cannot find any receipts of payment. They said they will take me to court if i don't provide receipts as proof of payment but i cannot find any receipts . I told them if it's true that he didn't pay, why was service still continued after all this time? Their response was that the computer automatically generated the service to be met i told them I cannot find anything but shouldn't they be providing proof that money is owed??? Also wouldn't this be classed as statute barred as well? In actual fact, when i was first presented with this information about this so called debt, i did pay them for the next six months as i still wanted the service of the gardener but the money was not to go towards the "debt". How should i proceed with this one. Thanks in advance.

Hi All. I've an old statute barred debt with a credit card with Bank of Scotland / HBOS and I'm sure that I was sold PPI as part of this. Last contact was 2007, so we're talking well over statute barred timescales. The question is - should I put in a PPI claim, or will this end up being swallowed by HBOS ( the remainder of the debt was in fact charges and interest and I told them I wasn't paying that, as it was unfair - I'd paid off what I owed them as the capital amount). Thanks in advance, lukeyboy1

I touched on this in a recent post but very recently a letter received by my Aunt sort of confirms my thoughts. Debt with a bank, no payment/acknowledgement for some 10 years now, the debt is most certainly stat barred. However, due to a recent restructuring on her finances she was able to sort a small loan out to consilidate her outgoings (no DCA's as there are none left in the pool) The loan was obtained and the outstanding bits and pieces all paid off as part of the loan (paid by her not the bank) 3 weeks later in a letter dated 17th February a well known bottom feeding DCA sent her a letter quoting ' (wording may vary) 'Recent activity on your credit file suggests you may have made a significant payment to one of your financial accounts, In view of this contact is requested from yourself to us to agree an payment plan and where your financial circumstances can be discussed' This is just so wrong, no fincancial relationship with this DCA exists, they have over the years tried to collect on the alleged debt but where no payment/acknowledgment exists and now some 15 years since anything was heard from the OC. Course of action? Yes to ignore but why are these miscreants allowed to continually scour credit files on debts that have long since gone past the stat barred and at the same time as this they quite obviously have software linked to the CRA's that flag individuals activity Just so very wrong.