When is a debt statute barred ?

[The Phantom]

Can someone advise please when a debt becomes statute barred ?

Back in 2006 I had a credit card with MBNA. They did not have an enforceable agreement so I stopped payments until they produced an agreement.

They didn't have one, and they have been in default of the CCA ever since.

Despite this they sold the debt in 2007 to LINK.

I put the debt into dispute and asked Link for an agreement.

They also could not produce one (obviously), so they are in default since 2007.

I understand MBNA was never really allowed to sell the debt whilst in dispute.

 

So when does this debt become statute barred ?

 

6 years from 2006 (when MBNA defaulted and I stopped payments)

0r 6 years from 2007 when Link went into default.

 

I have not made payments sice 2006 ever snce MBNA couldn't provide an agreement.

I haven't heard anything from Link for about 2 years now. They occasionally send me 'account statements' which I ignore

as they have not replied to my CCA request in 2007 and are themselves in default of the CCA.

 

Can anyone answer this ?

I need to know as I want to tackle LINK about default removal as soon as the debt is statute barred.

 

Many THanks !

[havinastella]

Stat barred is 6 years (5 in Scotland) from when the last payment was made. They could argue that it's from the time the first payment due was missed.

[dpick]

Far as I am aware it is 6 years with NO payment or written acknowledgement of the debt. Some creditors/DCA will try to say from default but MBNA did not default me until 11 months after I stopped payment.

 

dpick

[BRIGADIER2JCS]

Statute Barred ''date'' == the date when a payment was due and not made, after which no further payment was ever made, also there must have been no unequivical acknowledgment of the debt in writting in that 6 years.

[The Phantom]

OK, the last payment was made I think end of 2005 or early 2006. MBNA went into CCA default sometime after that and then simply sold the debt to LINK.

I never acknowledged the debt to Link and asked for an agreement in April 2007 and they never provided it.

So although there appears to be a bit of a grey area ("Some creditors/DCAwill try to say from default") I would think it is already statute barred by now.

 

So basically the six years don't start fresh every time a debt gets sold on, but it does count from original creditor when no payments were made and the debt was not acknowledged in some way..?

[BRIGADIER2JCS]

Ok check your credit files to see if the account is still there.

The date for SB cannot be the date of the default, the cause

of action will be earlier.

One debt one default date!!

 

No payments or written acknowledgments in the 6 years to anyone.

 

the date when a payment was due and not made after which no further payment was ever made.

[The Phantom]

OK - I will have a look at Experian. But in that case I think it is statute barred now.

Many Thanks !

I didn't want to stir Link when the debt could still be enforced in some way. I will only work on them once I know for sure it is SB

[BRIGADIER2JCS]

Always remember the date to calculate for statute barred can be months prior to the default date, see if the Experian files shows ''date last delinquent'' ie the date when a payment was due and not made after which no further payment was ever made.