SC Clearance on old statute barred debts

[Saraih]

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.

[citizenB]

I am not sure what "SC clearance" is. However, if a debt is statute barred, it is stature barred. The creditors are unable to report SB debts on your credit files, neither will they be able to pursue through the courts.

 

I will ask for further input from others on the site team.

[Saraih]

Hi, thank you for your help. SC refers to the security clearance a lot of companies use for sensitive jobs, they check criminal history and financial records etc. He works for a govt. contractor.

[citizenB]

Aha, righto.. many thanks for that information.

[slick132]

Sorry for the delay in coming back on this .............

 

My own view (backed by other Site Team) is that SB'd debts should be regarded as simply that - they are barred by Statute.

 

If YH has to start repaying these old SB'd debts, one has to ask if it's going to be worth him staying in the post.

 

I would take the job but NOT repay the SB debts at all in the hope that time will show YH to be a valuable asset to the employer.

 

If they get stroppy about the failure to service the SB debts when (if) they review the matter, you can argue that the debts are SB'd in law. At that stage, it may be worth taking advice from a sol'r that specialises in Employment Law.

 

[Saraih]

Thanks very much for the help, it's reassuring

 

It's the same job and company he worked for before he got sick, they took him back when his diagnosis and medication were sorted out enough for him to work again.

 

He hasn't got a hope of working for anyone else in this job market with a recent five year sick leave so we'll have to like or lump whatever they say about this debt. I might CCA them all this year just to show we're trying to deal with it?

Edited January 16, 2014 by Saraih

[slick132]

Hi Saraih,

 

I don't think sending any creditor a CCA request will help in your situation.

 

Let a few months roll by and, when the employer decides to review the matter of credit history, you can say that you took advice which was that the debts are SB'd and you cannot change the SB status once the 6 years have passed.

 

Deal with any problems when they happen.

 

[Saraih]

Righto then, no point asking for trouble when trouble will find us if it wants to. Thanks again.

[slick132]

Hi Saraih,

 

Righto then, no point asking for trouble when trouble will find us if it wants to. Thanks again.

 

My sentiment exactly !