Hi all, My first post so I hope I have done it correctly. I will try to keep this short. My wife and I have mainly credit card debts. In September 2006 we moved house (from where the debts originated) although in late July 2006 I wrote to the bank in question advising of our new address (copies of both my advice of this change dated 21 July 2006 and the banks confirmation that my request had been received is in hand dated 28th July 2006). The latter being the last time I know of having any correspondence with the original creditor. In the months prior to this last piece of correspondence, we had not made payment on any of our credit cards (or if we had, none were made after 28th July 2006) as we had run into financial hardship and I had been trying to resolve some kind of payment structure to pay off the debts but the bank said they could not help. Thus, when we moved, we didn't hear anything for 18 to 24 months. Then we recieved many letters from DCA's demanding payment. By now, I had found this the consumer action group site and due to the problems we had previously had with people being very unreasonable about realistic payment plans based on our new situation, we decided to challenge them with the CCA letter requests. Moving on to today, since all the DCA's contacted us, we have this week recieved our first two CCA's back, one for my wife dated 2 August 2012 and the other for me dated 16th August 2012. Thus, my question is, can I genuinely claim that these debts are now statute barred as 6 years has passed since our final correspondence i.e. the 28th July 2006 when the bank wrote back to us re our change of address and the 2dn August 2012 the date the DCA finally obtained a copy of the first of the two mentioned CCA's? Please note, since our change of address letter dated 21st August 2006 (and the banks reply 28th July 2006) we have recieved numerous debt chaser letters all of which we have denied any knowledge of such debt. Do these letters stop the debt for being statute barred? It is my understanding that until we acknowledge the debt again, which we pretty much have to now they have issued us with the CCA's, the Statute Barred time keeps on counting. Additionally, the first page of one of the CCA's is the one that contains the signature and relative agreement info but it is so small it cannot be read. Attched to the back of this is what they say the rest of the agreement but all these pages are large and easy to read. (second CCA is similar although I can read the first page but yet again it has a similar lot of pages attached). Is there anything I can do about this? i.e. question the value of if it is really a true copy? Thanks for taking time to read and any help will be most greatfully appreciated. Regards Mike

Hi advice needed i had a credit card with capitol one last payment made to them in january 1996 they stopped putting interest on this account in july 2006 this account was sold to our old freinds Lowell some time in 2009 i have never admited this debt or payed anything off it never contacted lowells and never spoke to them they keep writing to me i just ignore them so now they have passed it on to a debt collector so please advise as to where i go next is this account stature barred many thanks mike

I have received several letters from Aktiv Kapital regarding an old account. I spoke to them today and explained I wasn't familiar with the account and if it was an account of mine then it was probably statute barred. The agent looked and confirmed that the account is statute barred. I said ah ok then, she went on to say that they are still looking to collect but just won't take legal action but that was never their intention. Where do I stand???

Hello, I have had a hand delivered card from the lovely people at Scotcall . I am not too concerned at all infact am rather relaxed. The debt is 14 yrs statued barred. Are they daft enough to take this to court , I am hoping they will to be honest. Part of me thinks just ignore them and let them waste money in chasing , or do the standard letter telling them its SB. What would everyone else do.....

A brief Chronology Amex Card, firstpursued by Creit Solutions in Summer 2007. CCA sent and defaulted on ( under old time frame) OC did send a very poor quality of application form with a printed "Application Form"in two places covered with white labels ! - this on the photocopy of the application form rather obvious I thought. Nest page was very general T & C also almost unreadable such was the photocopy quality Next Moorcroft had a go, and they were sent packing with the "Bemused" letter (late 2007-early 2008) Cut forward to Aug 2008, a letter from Brachers "acting for" demanding full settlement plus a raft of their charges. They were sent a "Bemused letter and also a request for their official complaints proceedure, the numpties read this as to be forwarded to AMEX as a complaint on (Amex) proceedures, They still dripped on a bit, so copied the Bemused letter ( always sending everything RecDel) and finally sent them a letter suggested here to the effect that if they as solicitors did not understand about defaulted CCA then they should maybe ask a Judge to explain. They then went quiet until yesterday, when I had a letter detailing Final offer a 50% payoff, ( no mention of fees/charges etc ) Not headed Without Prejudice or anything similar, sttlement to be made in seven days or legal proceedings MAY be commenced for full outstanding balance plus costsetc etc Now, as I understand it, Credit Solutions are still in default of my 2007 CCA request, so they are the ones if anyone who should be pursuing, all others can Foxtrot O! Second, If Brachers had a proper agreement to satisfy a court, why would they make an offer of 50% of the amount? This leads me to believe that 1) Brachers have no right to pursue anyway 2) They( and no-one else can provise the proper paperwork 3) Brachers have so far ignored my section 10 DPA Sta Notice sent in Sept What would be the best way to answer them? repeat a "Bemused" letter, with ammendements Many thanks

Hi ... looking for some help Statued Barred for unsecured debts happens 6 years (5 Years for Scotland) Can someone clarify ... is this from the date of Payment default or from the date of last correspondence. Example is I defaulted a few months ago (long story) but In the process of advising the credit card company of my new address in Oz. However they are not responding so Its taking some time. So would the clock start ticking from the default date of from the date of my last letter. Many Thanks Scot

Hi guys I took out a credit card on 05/01/2007 and was unable to keep up payments the date of default was 04/12/2007 does that mean I havent paid any payments since? and also the second account is 20/11/2006 and the default date is 24/07/2008 so if these debts are indeed statue barred what is my next step?

Hi Guy's As above, basically a debt that has been statute barred for around 3 years. This morning we get a letter from Provident telling us they bought the debt from Scotcall. I have uploaded the letter for your perusal. Please advise on suggested next step. Many thanks David Just seen the letter is really small, cant at the moment see how to increase the size, will keep trying.

Hi all, First time up and looking for some help. I've an old debt from 2005 (HSBC Credit Card) which I'm unsure is statute barred? I stuck my head on the sand for a couple of years, the debt was chased by a DCA in 2008. They however, made a mess of the case, and I raised it with the ombudsman. The ombudsman ascertained the debt did exist but reduced it drastically due to the harassment caused. As yet, it's all gone quiet and i've heard nothing since. At no time have I made a payment or admitted the debt, so, as the 6 year time limit expired in 2011, is this statute barred; or as FOS ascertained in 2008 the debt does exist - am I liable? I should say i'm not proud of my actions, and that sticking your head in the sand is not the way to deal with debt. However, this is where I am and any advice would be appreciated. Thanks Miss Confused.

Hi, I'm hoping someone could clarify things for me re statute barred debts. A lot of articles state that a debt is statute barred when the company has not contacted you and you haven't made payment in 6 years. However, if a company continually sends standard letters seeking repayment but cannot provide a CCA would that become statutue barred after 6 years (providing no payments had been made)? Thank you!

Hi Cut a long story short a debt for a current account last payment made over 6 years ago in May 2006, court summons received in Jan 2010, case stayed with consent order sealed at court, no contact made from creditor SCM aka Lloyds TSB to arrange payment 2 and a half years later 6th June 2012 a notice of hearing application arrives just after the 6 year limit, I have to attend court next Wednesday, I am prepared for this but one question is it worth me even mentioning the statute of limitations or is this not allowed due to the consent order. thanks for any advice/abuse received

I have about 7 credit card and bank accounts which fell into debt 6 years ago, and I am wondering if i can claim back the charges on them? Has anyone done this successfully? I am concerned that if I did try this they would start chasing the debts again, or it would be seen as an acknowledgement of the debts. I am pretty sure they are now statute barred as my last payments were over 6 years ago, but I did enter into an IVA after that date, and the last contact from that plan was Aug 07. I'm not sure if that counts as acknowledgment from a statute barring POV. Can anyone help? They added several thousand pounds in charges between them, and oh boy, could I use that money now!

Hello All,I have a debt that I can only assume is statute barred (last payment made was 2001, creditexpert showed default date as 2005 - either way, now past 6 years and my credit is good). I am still receiving lettes from a new company now (Paladin). Now I am going to go through the blunt fone call (stop mailing and you will be receiving a registered letter through the post outlining the limitation act, etc.) and the actual sending of the letter. My main worry though is - The debts have now dropped off my credit history report...If i start this whole process, can they put the percieved debt back onto my credit report, hence affecting my score and my now glowing credit???Any advice would be appreciated. Thank you.

The last payment was made on the debt 6 years ago next month. I have had phonecalls, all unanswered thanks to caller I.D and countless letters from various DCA's, Moved house 4 months ago and had a "tracing" letter from a company a month ago ( which i never responded to ) then today a completely different company has sent a letter saying 7 days or we're taking you to court ( much the same as every other company that this debt has been passed through) i have never responded to any of the letters or spoke on the phone. as of next month can i say that i'm statute barred? or will it be August before i can say it? I have never had any court papers regarding this debt ( or any debt) to fill in so assume they haven't taken me to court already in the past so i shouldn't have a CCJ...am i right? You can probably tell i'm not to savvy with all of this.

Hi all. I am a novice to all this debt and just require some advice. I have received a letter from Bryan Carter Solicitors; RE: Arrow Global Guernsey Limited. For an outstanding Balance of £679.07 The letter states; "This matter may be referred for court proceedings to be issued in 10 days if payment is not received at our office by that date." Previous to this I received a couple of letters from Fredrickson International Limited; Re Brand/Product: Capital One. Our client: Arrow Global Guernsey Limited. Balance £679.07 I ignored the Fredrickson letters as at first they wanted me to contact them to verify if I was the correct person. So as far as I was concerned they were phishing. I did have a debt with Capital One which I last paid towards in about mid 2005. I then stopped paying as I was advised to and started proceedings to enter an IVA. The IVA was entered in February of 2006. By end of February 2006 I was made redundant and did not find work till May 2006. I missed one payment on the IVA in that time. I requested that the amount I was paying the IVA be reviewed due to my far lower pay scale but unfortunately this didn't happen. I struggled with the payments but unfortunately and ultimately the IVA failed in the January of 2008. I have not heard anything from any one I had debts with since I entered the IVA until now. So one question I have is, As the final payment to the debt with Capital One was in 2005 does this make the debt Statue Barred or does the fact I was paying into the IVA mean it is not? What steps should I take next? Thanks in advance. Andy

Don't want to say who yet, but a DCA has been pestering me about an account that the last payment date was 23rd August 2005. Confirmed by the statements they've sent me recently. So can somebody confirm that as i've not paid or acknowledged the debt since then that I can send the stat barred letter on Tuesday. Although i've not moved the OC decided to start writing to me at a relatives address, those letters were returned, then they sold it to a dca who kept writing to the same address all were returned unopened. Early this year they wrote to me at the correct address, I sent the prove it letter. They replied with statements and an application form with no prescribed terms so I said get me an enforceable agreement or get lost! Had a few grovelling letters eg pay 30%. All replies to them have been marked "I do not acknowledge any debt to your company or any company you claim to represent" Also contains PPI and Penalty charges, although not enough to settle the alleged debt. So should I post the letter monday or leave it till Tuesday? Thanks for your help. Jon

I have two debts for students overdrafts taken out around 2001. #1 I have not paid anything towards this debt or acknowledge it for about 10 years. I have received a few letters regarding it but binned them all. There is no CCJ for this debt. Am I right in thinking it is eligible to be statue barred? #2 I have a CCJ for another student overdraft account. The CCJ is dated April 2006. I have paid nothing and not been contacted about this debt for over 6 years. Does there come a time when this CCJ can be written off? What is the life time of a CCJ? Thanks for reading.

Hello - I'm new to this forum but am in desperate need of help and awareness and really just want to warn everyone out there to be very careful if you choose to open a contract with Orange Mobile. I'd really like to know if anyone has had a terrible experience with mobile service provider, Orange Mobile - similar to the one detailed below: On March 27th 2012, I called Orange for the third or fourth time to discuss a previous mishandling of my bill, whereby they charged me significantly more than I had used and had not made my bill available to me in any way so it wasn't until the money left my account that I knew anything about it. On the above date, I was offered a cheaper tariff for my inconvenience and as an incentive not to take the matter up with a regulatory body; a deal I accepted. I was also offered a £30 contribution from Orange towards my next bill. At this time, a support representative told me she was setting up the Direct Debit immediately and that the matter should be considered resolved, with no further requirement for my involvement. As such, I did consider the problem concluded until Friday 20th April 2012 when I discovered that my phone was barred from making outgoing calls and text messages. Upon investigation, I discovered that Orange had failed to ever attempt to contact my bank in setting up a Direct Debit. As such, my phone was cut off for non-payment with absolutely no previous contact of any kind - written or otherwise. The only balance I could see on my online account was the one that Orange had told me to dismiss, agreed to remove and were supposedly planning to replace with an accurate balance. To be clear I still have not received any contact from Orange with regards to any aspect of my account since my phone call to their service operators at 10.13am on March 27th 2012. I immediately transferred the outstanding balance from my bank account to Orange but received no confirmation of payment. The following morning (April 21st 2012), with no deduction from my bank account and no service on my phone, I attempted to do so again. Once more I received no proof of payment - I can only assume that I have now paid either twice or not at all. I have also reviewed my previous bill, which reveals that Orange has deducted £25 instead of the promised £30 'apology discount'. My phone has now been disabled for four days, through no fault of my own and following no attempt of contact from Orange. I have logged on to my account several times during these four days and as of this morning it has been updated to state that my outstanding balance is £0.00. And yet my phone remains out of use. I have no other way of contacting Orange as all customer service numbers and any other contacts recommended to me have also been barred from my phone, which is my only form of communication aside from online. I have emailed Orange via Hotmail message, customer service enquiry and via Facebook and Twitter. I am being consistently ignored, though I can only assume someone within the company must be aware that they failed to debit my account, failed to contact me if I needed to do anything to help, and have quite happily now taken my money repeatedly - and over the owed amount - and cancelled my service. I am not by any means well off and am supporting myself at the edges of my monthly budget. I do not have the kind of funds to be messed around this way but I can't see a way out if I can't even contact Orange. Has anyone gone through anything similar? I'd love to hear your advice and experiences - I am very much on my own here and need all the help I can get. Thank you, --Julia.

OK....so I'm certain this will have been covered in other posts but I'm confuzzled by the sheer number! I have about £25k of debt dating back several years and I plan to finally sort things out once and for all. I got a full credit report and have all the relevant details but I'm unsure about a few things. I realise that 5 years have to have elapsed and this seems to be the case for all bar one of the debts (that one reaches the 5 year mark in December 2011). Can I start the 5 year count down from the date of my last payment to each as the default dates ar are all several months after? Do the relevant companies HAVE to respond favourably to my standard letter or can they challenge my application for the debts to be statute barred even if I meet all the criteria? If any of the companies in turn tell me that it is not in fact 5 years after all, and produce evidence that I in fact had contacted them and acknowledged the debt (something I'm sure isn't the case but I'm trying to cover all the bases here), will they then begin to pursue me relentlessly to ensure they get their money back before 5 years HAS elapsed? I should reiterate that as indicated in my post title, I am in Scotland. Many thanks in anticipation of the usual high quality advice