Statute barred? 12 year debt

[aberdeenlad]

I have never heard of Statutee barred debt before. Today I read, debt can not be chased if 6 years has passed (5 years in Scotland)

 

I have got several companies still chasing me for bank, credit card and payday loans debts all the way from, as far back in 2002. My mobile phone has got 60 different numbers on block from these people as, the companies tend to use several different numbers when calling. I also get letters daily from several companies

 

The other thing that tends to happen is, I get a letter from a debt company for example saying "we are dealing with your Halifax debt", then after a while, the debt company sends my details on to another debt company, and then the same thing keeps happening after a while. it goes from company to company

 

Here is an example from my noodle report:

 

Account type Current Account

Account number**********2812 0

Account start date 16/01/2002

Opening balance £ 2,343

Repayment frequency Monthly

Date of default 04/03/2009

Default balance £ 2,343

 

So, how can they still be chasing me from 2002 if the debt is suppose to be cancelled after 5 years in Scotland? I also have about 6 others which are older than 5/6 years on my open noddle report

 

P.S ALSO, in the closed section of my noddle report, it lists several other companies from longer than 6 years ago, but it says on noddle, they are suppose to be removed after 6 years??

[postmn]

they play on your ignorance . . statue bared means no payment or acknowledgement of the debt for 6 years (5 in Scotland) . if you feel the debt is statue bared then send a statue bared letter to each of the creditors . also be prepared for them to say a phantom payment has been made at some point

Edited May 1, 2014 by postmn
forgot a bit

[aberdeenlad]

I was going to mention that. On noddle, it claims that these debts were defaulted like 2009, 2008 etc but I know for a fact, I have never mad payments for these debts from 10 years ago

[postmn]

usally debt are defaulted up to 6 months after the cause of action . are you sure thise are the default date and not just when the record was updated . also noodle tends to be behind the rest of the CRA's . my suggestion would be to get your statutary credit repport from the CRA it will cost you £2 for each one . or if you have not joined the CRA monthly program then sign up for a free trial making sure you cancel within the first month

[Crocdoc]

If you are sure that any of the accounts are Statute Barred send the following.

 

 

Your Details

Collectors Address

Date

Dear Sir/Madam

REF xxxxxxx

 

 

I refer to your correspondence dated the XXXXXX, for ease of reference a copy is attached.

 

In response, I would ask you to consider the following points:

 

1) This alleged debt has now prescribed under the Prescription and Limitation (Scotland) Act 1973 as the debt has subsisted for a continuous period of five years-

 

(a) Without any relevant claim having been made in relation to the obligation,

 

And

 

(b) Without subsistence of the obligation having being relevantly acknowledged,

 

Then as from the expiration of that period the obligation shall be extinguished

 

A relevant acknowledgement in a consumercredit contract would normally be an unequivocal written admission by thedebtor that the debt still exists or by making payments to the debt

 

I would further advise youthat in Scotland unlike England and Wales the debt is totally extinguished and ceases to exist.

 

Unless you have contrary and irrefutable proof to the above we would ask that you refrain from making anyfurther claims. You will no doubt be aware that the Office of Fair Trading(OFT) has issued guidelines as to practices which it considers to be unfair. Wefeel that your continued pursuit of this debt when it no longer exists under the above legislation is a contravention of these guidelines and throws it to question your fitness to hold a consumer credit licence.

 

It will therefore be my intention,if your activity persists; to report the matter to the OFT Consumer CreditEnforcement Team

 

I look forward to your written response.

 

 

Yours faithfully

[BRIGADIER2JCS]

I have never heard of Statutee barred debt before. Today I read, debt can not be chased if 6 years has passed (5 years in Scotland)

 

I have got several companies still chasing me for bank, credit card and payday loans debts all the way from, as far back in 2002. My mobile phone has got 60 different numbers on block from these people as, the companies tend to use several different numbers when calling. I also get letters daily from several companies

 

The other thing that tends to happen is, I get a letter from a debt company for example saying "we are dealing with your Halifax debt", then after a while, the debt company sends my details on to another debt company, and then the same thing keeps happening after a while. it goes from company to company

 

Here is an example from my noodle report:

 

Account type Current Account

Account number**********2812 0

Account start date 16/01/2002

Opening balance £ 2,343

Repayment frequency Monthly

Date of default 04/03/2009

Default balance £ 2,343

 

So, how can they still be chasing me from 2002 if the debt is suppose to be cancelled after 5 years in Scotland? I also have about 6 others which are older than 5/6 years on my open noddle report

 

P.S ALSO, in the closed section of my noddle report, it lists several other companies from longer than 6 years ago, but it says on noddle, they are suppose to be removed after 6 years??

 

The example above is for an account Opened in 2002 defaulted in 2009 so the statute of limitations period starts approximately from the default date for a current account/overdraft or from the date when a payment was due and not made, after which no further payments or written acknowledgment was made on credit cards and unsecured loans.

 

All Defaulted accounts are removed from credit reference files after 6 years (from the default date) paid or not.

 

Please also be aware that Noddle uses "2nd hand " data from its parent Call Credit and is not always up to date.

 

The debt is extinguished in Scotland only in England & Wales the debt still exists and remains payable until the debtor informs the creditor in writing that the debt is statute barred. (OFT /FCA Guidance).

 

Check a mainstream CRA, Equifax and Experian have 30 day free trials.

[aberdeenlad]

Thanks everybody, I will get letters printed up over the weekend.

[BRIGADIER2JCS]

Thanks everybody, I will get letters printed up over the weekend.

Check carefully before sending any letters.