If you have an old debt, you may wonder if you still have to pay it? Can your creditors really take you to court after this long?
English law says a creditor only has a limited amount of time – typically six years – to take you to court. The term for a debt that is so old that it can’t be enforced in court is “statute barred”.
(You may have heard the phrase being time-barred, that means the same thing. Sometimes it is called status barred because the term statute-barred has been misheard.)
This article answers the most common questions people have about statute-barred debt, including when the six-year period begins.
If you live in Scotland, the laws are very different. Phone National Debtline on 0808 808 4000 as they have Scottish advice experts.
Contents
An overview
What is statute barring?
Creditors have to take legal action about debts within certain times which are set out in the Limitations Act 1980. For most sorts of debts and bills in England and Wales this time is six years.
If the creditor doesn’t start court action within this time, the debt is not enforceable because it is “statute-barred”. When a debt is statute-barred it still exists legally, but because you cannot be taken to court for it, you do not have to make any payments to it.
This six-year period begins when the creditor has a cause of action – this is the point at which the creditor could go to court for the debt.
In January 2019 there was a decision in the Court of Appeal (Doyle v PRA) that changed the point at which the six-year period starts for some debts including credit cards and loans.
If you are making the normal minimum monthly payments to a debt, you can’t be taken to court for it. It is only when you have missed payments and the creditor can go to court that the 6-year period starts.
Think of a timer that runs for 6 years – which can be reset
A good way to think of statute barring is that there is a 6 year timer. This is set running when the creditor has a cause of action. The sand takes 6 years to drain slowly through… at the end, your debt is statute barred.
But if you make a payment to the debt or acknowledge it in writing during the six years, the clock is reset back to start at 6 years again.
So if you are making monthly payments, even tiny ones, a debt will never become statute barred as the clock resets back to 6 years every month. For you this article isn’t relevant, instead read Can I stop paying this old debt?
What is a cause of action?
Someone can’t sue you for a debt unless they have a good reason to – this is their cause of action. What that good reason is depends on the type of debt, how it is regulated and, sometimes, what the contract for the debt says.
This has always been complicated for some debts such as overdrafts which don’t have regular payments. You may have stopped using your overdraft 8 years ago, but your bank may not have realised this for a long while – so when would they have the right to sue you?
The January 2019 court judgment decided that a creditor’s cause of action does not start for some credit debts (including some loans and credit cards) until the creditor has sent you a Default Notice. The problem here is that you may not remember when you got that or if one was ever sent. Also the creditor can just delay sending you this so your debt may never become statute barred.
How can I tell if my debt is statute-barred?
Unsecured debts, including most loans, credit cards, catalogues and overdrafts will normally be statute-barred in England and Wales if you can say YES to all the following four points:
- it had been more than six years since you last made a payment; and
- the creditor has a cause of action more than six years ago; and
- you haven’t acknowledged the debt in writing during this time; and
- the creditor hasn’t already gone to court for a CCJ.
With a joint loan, it matters if either of you makes a payment. If you have split-up, you may think a debt is statute-barred but it isn’t because your ex has made a payment to it in the last 6 years.
Acknowledging the debt has to be in writing. If you haven’t done this, it doesn’t matter if the creditor has written to you, or you have discussed the debt on the phone – this won’t stop the debt being statute barred. If you have reclaimed PPI, this is likely to have acknowledged the debt.
The cause of action is the most difficult point to determine here. See this National Debtline factsheet which has a section on When Does the Limitation Period Start Running?
If you can say Yes to points (1), (3) and (4) but are unsure about point (2) on the cause of action, I suggest you call National Debtline on 0808 808 4000 and talk through your situation with them.
Sometimes the exact date a debt becomes statute barred matters:
- if you write saying that a debt is statute-barred and you are wrong because the debt isn’t, then your letter is likely to have “reset the clock” by acknowledging the debt;
- if you have received a court form about a debt, you need to know whether you can defend the case on the grounds the debt is statute barred.
Questions about different sorts of debt
When does a CCJ become statute barred?
It never does. But if the creditor hasn’t taken any enforcement action in six years, they will need to apply to the court for permission if they want to enforce the debt by using bailiffs. This is unusual.
If you are contacted after 6 years about a CCJ that you have not been paying, phone National Debtline for advice.
Statute barring for mortgage shortfalls and secured loans
If your debt is still secured – you are still living in the house there is a mortgage or a secured loan on – then statute barring isn’t relevant. What matters is if you get too far into arrears the lender can go to court to repossess your house.
But what about when the house has been sold so the security no longer exists but you still owe money on the debts?
For a debt resulting from a mortgage shortfall, the time allowed in the Limitations Act is twelve years. But many lenders follow the old Council for Mortgage Lenders code, now part of the MCOB Rules (Mortgage Conduct of Business), that says:
anyone whose property was taken into possession and sold more than six years ago, and who has not been contacted by their lender for recovery of the outstanding debt, will not now be asked to pay the shortfall.
See National Debtline’s Factsheet on Mortgage Shortfalls for more details, such as what does “contact” mean? And phone National Debtline if you are contacted about a mortgage shortfall debt which is between 6 and 12 years old.
Do tax debts or benefit overpayments become statute barred?
Tax debts such as Income tax and VAT do not become statute barred. If you are wondering if your debt is a “tax debt”, HMRC has a list of “not tax debts”, which do become statute barred.
The situation regarding benefit overpayments is more complicated – although they can become statute-barred, there are other ways the debt could still be recovered. You should take advice about these sorts of debts – contact National Debtline or your local Citizens Advice are very good with benefit issues.
What about old council tax arrears?
A council should not go to court and ask for a liability order for council tax arrears more than six years after the council tax became due. But if the council already has a Liability Order, this will never become time-barred.
If you get a letter out of the blue about a Liability Order for council tax arrears from ten years ago, this may feel very unreasonable. One of the main reasons time limits exist is that people don’t keep paperwork forever, so you may have no way of proving that you paid the debt at the time. This is one of the rare occasions when it may be worth asking the creditor to Write-off the Debt. It may also be worth getting a local councillor involved for council tax arrears.
What about utilities?
Gas, electricity and water bills become statute barred 6 years after the date on the bill. There are also rules regulating when a supplier can “back bill” – send a new bill for charges more than 12 months old. If you think you have a problem with back billing, go to your local Citizens Advice and ask for their help.
Getting letters and court forms about a debt you think is statute barred
Can I ignore a letter about a statute barred debt?
Are you 100% sure that it is statute barred? If you aren’t certain talk to National Debtline.
If you do not recognise the debt you should probably write a “Prove It” letter to your creditor. This is worded so that it doesn’t acknowledge the debt.
If you recognise the debt but you are certain it is statute-barred, you could ignore a letter. But it might be less stressful to reply pointing out that it is statute-barred rather than get more letters and possibly court forms. National Debtline has a template letter you can use – phone them about this.
Creditor says I made a payment in the last 6 years but I didn’t
Ask your creditor for the date of this alledged payment. Then get your bank statements for that month – you can still get these even from closed bank account going back 6 years.
If there is no trace of you making this payment, complain to the creditor and attach a copy of the bank statement. Ask them for further defails of the payment.
If the creditor persists, take this complaint to the Financial ombudsman.
Can I ignore a Letter Before Action/Claim about a statute barred debt?
This is a bad idea. It is much easier to challenge a creditor by saying the debt is statute barred using the Reply Form than it is to defend a court case.
See How to reply to a Letter before Action which looks at what you should do when you think the debt is statute barred.
I have been sent a Claim Form for a statute barred debt – what should I do?
Do NOT ignore the Claim Form. If you do, a judgment will be made against you in default because you haven’t replied, even if your debt is statute barred.
So if the creditor takes you to court, you must defend the claim on the grounds that it is statute-barred. And also look at whether you have any other defences eg can the creditor produce the CCA agreement?
If you are unsure what to write on the defence form, phone National Debtline and talk to them.
Other FAQs about statute barred debt
My debt is statute barred, do I still owe the money?
Yes. Your debt still exists, it hasn’t been written off, it can still get sold on and you may still receive letters about it.
The Financial Conduct Authority’s rules about statute-barred consumer credit debt (loans, credit cards etc) are here. They say that if you state you will not pay a statute barred debt, the creditor cannot continue to ask you to pay it.
If you want to get rid of the debt completely and you are absolutely sure a debt is statute-barred, you could consider making a very low Full and Final Settlement offer, perhaps under 10% – see Full & Final Settlements for more details. Your letter should point out that the debt is statute barred and hence unenforceable.
A debt has dropped off my credit record – is it statute barred?
Obviously your debt is old but it may not be statute barred.
The six-year period for the Statute of Limitations is NOT the same as the six-year period that a debt stays on your credit file after a default. If a debt isn’t showing on your credit file it may be statute barred but it may not be.
A debt will stop showing on your credit record six years after any default was recorded. But if you have made some payments to it in the last 6 years, perhaps just a token £1 a month, then it isn’t going to be statute barred.
My debt has been sold, does this effect becoming statute barred?
No, it doesn’t matter if your debt is sold. The sale doesn’t “reset the clock”. If it was already statute-barred at the time it was sold, it remains statute barred. If it wasn’t yet statute barred, it will be 6 years after the “cause of action”, see above.
My debt is statute-barred – if I make an affordability complaint will this re-open the debt?
Once a debt is statute barred this is permanent, it can never become “unbarred” so making an affordability complaint won’t change this.
But if your complaint is upheld, the lender will sometimes not send you the money but set it off against the remaining debt – even though it is statute barred the debt still exists. In this situation don’t use a claims company, or you could end up owing them money.
Also it can be hard to win affordability complaints about very old debts. If you are being asked to pay this old debt, it may be simpler to just tell the creditor it is statute barred and not pay – National Debtline has a template letter that you could use, so phone them.
I can’t give you advice on whether your debt is likely to be statute barred. If you are concerned about a specific debt, phone National Debtline on 0808 808 4000. Or you could use their good web chat.
But if you have a general question about statute barred debt, ask it in the comments below.
why pay a debt that isn’t on your credit record
What to do if you receive a court form
Ask for the CCA agreement for old debts
Natacha says
Hi, I have recently been contacted by a company called global stating that they are chasing a debt I have with llyods bank, the debt appears to be 15 years old with the last payment being made in 1999, I do not recall this debt, and am not sure if it is mine, I have an account with llyods and have done so for the last 8 years, and I am not in debit, I did have an account with them as a teenager but cannot recall what happened to . I have mentioned to the debt collection company that I do not know anything about this debt, mentioned that it is very old and should be statue barred by now, their response was that statue barred would not apply in this case as I moved and did not inform the llyods of my change of address, but llyods have my address as I opened an account with them where do I stand
Sara (Debt Camel) says
That’s not just old, it’s ancient! And it’s clear that you haven’t been hiding from your creditors. But as I said in this post, I really can’t give advice about a specific debt, so I do suggest that you call National Debtline.
Mark says
I have just received a letter from Santander with regards to an outstanding debt, called them and they said it was from another company and the debt was sold, the last payment details they had was Jan 06 and the last communication they have recorded was Nov 06. This debt is not on my credit file and I can’t remember it. They also said that they were not collecting but rather making me aware. Any advise please
Sara (Debt Camel) says
Hi Mark, a debt that old would be likely to be statute barred. A statute barred debt still exists – the firm owning it is allowed to write to the debtor about it but not to suggest they can enforce it. This may be what is happening here, in which case sending the letter suggested in this article would be suitable – it doesn’t accept that you do owe the debt.
Gerry says
Hi, I received a letter two years ago from a finance company stating they had bought the debt of a loan I had defaulted on. I acknowledged it, and offered some payments which I have been paying for two years. The original debt is now about seven years old and it seems to me that this company have added lots of interest on etc. If I stop paying them, can they take me to court for it?
Thanks
Sara (Debt Camel) says
Hi Gerry, because you have started making payments to this debt before it became statute barred those payments ‘reset the clock’. It won’t now become statute barred no matter how old it gets or how long it is since you defaulted. So if you now stop paying them they can go to court for a CCJ.
Shaun says
Hi I’ve been getting letters from a debt collector about a phone contract I took out for an ex girlfriend years ago, long story short, we broke up and I was young and stupid and decided not to pay the contract! I’ve been ignoring the letters but I’m getting to the stage I need to really think about my future, this debt started about 5 years ago if I pay it back in full now will the restart the clock of it remaining on my credit report? No idea if this is a stupid question or not!
Sara (Debt Camel) says
Not a stupid question! Starting to repay will reset the “statute barred” 6 year clock but NOT the 6 year clock on your credit file – it will drop off 6 years after the default date. It could be worth offering a full & final settlement see https://debtcamel.co.uk/debt-options/less-common/full-final/.
Lee G says
Hi…. I have received a council tax bill from a bough council from 19/9/2000 15years later with a liability order the compliance stage fee is nearly as much as the bill. What advice can you give. I have other similar debts that I have and agreed to pay monthly payments however I didn’t understand or know anything about what rights or help I have available is thee anyone who can help me?.
Sara Williams says
hi Lee, it sounds as though you need to discuss the individual debts and the bigger picture (your total debt and how much you can afford to pay each month) with a debt advisor. I suggest either your local Citizens Advice Bureau or National Debtline https://www.nationaldebtline.org.
aj says
I have a bank loan showing on my credit file. It shows as me having not made a payment since 2009 however the loan is not showing as defaulted. I have not had letters regarding this loan in some years. Does this become statute barred after 6 years even if it has never actually been defaulted, and will it disappear from my credit file?
Sara (Debt Camel) says
Hi aj, yes a debt can be statute barred even if it not shown as defaulted. It won’t drop off your credit file though … You could try to get the debt marked as defaulted with a default date back in 2009 – this https://debtcamel.co.uk/debt-default-date/ explains how – but leave doing this until you are absolutely 100% sure it is statute barred talk to National Debtline about this.
avril says
Hi I had a failed IVA seven years ago this February. Had no contact with who I owed debts to, does this mean debts are statute barred? Thanks
Sara (Debt Camel) says
Hi Avril, that is quite likely, but it will depend on what the debts were (any joint debts may not be statute barred if the other person has made any payments; were any of them mortgage shortfalls?), whether any of the debts were CCJs or a creditor has subsequently gone to court for a CCJ (if you have moved you may not have been aware of this) and the exact date that you IVA firm last made a distribution to the creditors.
tricky says
hi – i owned my own house between 2001 and 2008 – i bought it with a mortgage and took out a credit card for £10k to improve it – through some of the worst luck ever the house was reposed,sold at auction and i was handed a £40k bill,this has now been writen off but the credit card company (egg banking plc) have sold my debt to DLC who are now asking to be paid – the card was secured against a house that no longer exists and was issued by a company that again no longer exists – they sold me the credit card on the understanding that if i didnt pay they would take the house,well now the house and debt to it has gone – how do they get the monies from me if i have none? a ccj wouldnt increase my income – could you please advise – many thanks – tricky
Sara (Debt Camel) says
Hi tricky, the fact that egg no loger exists doesn’t matter, you now owe the debt to DLC. The fact you no longer own the house means the debt is unsecured. I suggest you phone National Debtline to discuss whether the debt is now statute barred or not: 0808 808 4000.
maria says
I have been given a ccj in December, for a debt from 2007 when I found out it was an overdraft I had with my now ex husband in joined names with Lloyd bank. When we divorced he should have taken over the debit but instead he went bankrupt. Now they want to take me to court. Myself or my ex have never made any payment of the debt. I am so worried as I will have to go to court in August. Please advise.
Sara (Debt Camel) says
Hi Maria, you should discuss this debt and the CCJ forms with National Debtline on 0808 808 4000. Overdrafts can be tricky but if this is statute barred they can tell you exactly what to write on the court forms. Sometimes this can be sorted without going to court – the sooner you call National Debtline the more likely this is.
James says
I recently checked my credit report and see a CCJ was added in Nov 2014 for a HSBC credit card defaulted on in 2005. is this correct and what could I do to challenge this as my old address from 6 years ago is the last known address the CCJ is under.
Sara (Debt Camel) says
Hi James, it may be that the debt was statute barred, this will depend when you last made a payment to it, not the default date. If it was, then you could have defended the CCJ application if you had known about it. You may now be able to apply to have it set aside – I suggest you phone National Debtline on 0808 808 4000 – they can talk through both the statute barred issues and the procedure for trying to set aside the CCJ.
keith says
Hi, I received a letter from Lowell today asking for payment on a debt from along time ago I don’t remember when ,they are asking for 25% amounting to £125,to clear the whole debt,final paragraph states “you should be aware the period for recovering the debt by court action has expired ,so no court action will be taken to enforce collection ,however your debt still exists and we are legally within our rights to continue to ask for repayment.”
I can honestly not remember a creditcard with this particular bank but I have one with them now. Can the debt company mark my credit rating with this debt or are they fishing, and do I have to pay if they cant get a ccj?
Sara (Debt Camel) says
Hi Keith, they are fishing. Nothing will reappear on your credit rating about this debt. You don’t have to pay because there is nothing they can do.
Simon says
Hi – I have a few debts that are (hopefully) about to pass the 6 year mark… is there any way of checking if they have or not? I’m loathe to check my credit file, as I’m wary of any of the creditors being alerted to the fact I’m checking etc….
thanks :)
Sara (Debt Camel) says
Hi Simon, there is no ‘secret’ way to check your credit file I am afraid. You can check to see if you have any CCJs without alerting your creditors, see https://debtcamel.co.uk/do-you-have-ccjs/. In any case, checking your credit file anyway isn’t a foolproof way of telling if a debt is statute barred – the debt may not be there but not be statute barred or vice versa.
Deborah Adcock says
Hi my sister has just returned from America she left in 1997 owing the tax & vat man several thousand pounds now in her 60s she is in ill health & her husband has passed who was her business partner is she still liable for this debt any advice would be greatly appreciated cheers x
Sara (Debt Camel) says
Hi Deborah, your sister’s situation is going to depend on how the business was set up and what the details of the debts are. I suggests she phones Business Debtline – they are a charity that specialises in advising people who have been self employed, in partnerships or with small limited companies. https://www.businessdebtline.org/.
Alex says
Hi, i have just tried applying for a secured loan and have been told that there is a charge against my property from logbook loans in oct 2008. I defaulted on the loan and the car was taken and sold at auction. I didnt hear anything from them after that but i was living with a partner that was hiding things including mail from me i have since found out. Does a charge against a property come under the same statute of limitations? If so can i get it removed?
Sara (Debt Camel) says
Hi Alex, the logbook lender must have obtained a CCJ without your knowledge and then gone on to get a charge over your house. The statute of limitations applies to debts, saying whether they can be enforced in court, it doesn’t apply once a CCJ is already in place, so it is not going to help you with this charge. It may well be that there is nothing at this point that can be done, but I recommend you call National Debtline (0808 808 4000) and discuss the full circumstances with them.
Angela says
Hi, I defaulted on a credit card from Barclays in 2006 I moved home a year later but have not since been chased for the debt even though Barclays were fully aware of my new address as I still to date hold my current account with them. What I wanted to know is does my default with them stay on Barclays file forever or does it wipe of their system after a period of time?
Sara (Debt Camel) says
Hi Angela, I don’t think there is any legal limit after which they have to delete the data from their system.
Jill says
Hi,
I had a loan from Lloyds Tsb in 2006. I was ill for a while but my employer failed to pay my sick pay and I ended up in debt and unable to pay anything. I was contacted by Lowell in 2011 who phoned me at my new workplace and I discussed the debt with them. Since then I have had a couple of e-mails and a letter from them but I haven’t acknowledged them. Will my discussion with them by phone reset the clock? I haven’t acknowledged anything in writing.
Sara (Debt Camel) says
Hi Jill, phone discussion can’t reset the clock, it has to be in writing. However your debt isn’t statute barred yet – I suggest you read https://debtcamel.co.uk/no-calls-or-letters-about-debt/ for info on your current situation.
Flagmate1 says
I receive a letter from student loan asking me to pay 15k due to overpayment in childcare cost. Can this debt with pursue after 6 years. As my appeal to student finance wasn’t great news
Sara (Debt Camel) says
Hi Flagmate, student loans are complicated because, although the statute of imitations does apply, it works differently for old style and new style student loans. I recommend you call National Debtline on 0808 808 4000.
Kurt says
Moving house on numerous occasions, I have been running away from a £7000 debt since August 2009. Any Debt collectors trying to reach me have not been able to. That is until recently my sister received numerous debt letters at her address even though I do not and have never lived there. My question to you is this; is it worth writing to them stating the “statute barred” stipulation? Also I do not know if I received a CCJ as I ran away. Will me getting a CCJ effect my statute barred status? And if so how do I find out if I ever got a CCJ?
Sara (Debt Camel) says
Hi Kurt, I suggest you should talk to National Debtline about whether this debt is statute barred. If you have a CCJ for it, it will never become statute barred. You can find if you have a CCJ by checking for each address, including your sister’s, see https://debtcamel.co.uk/do-you-have-ccjs/
Stuart says
Hi, Was wondering if someone could help please? Back in 2007 I entered into arrangements with creditors and everyone has now dropped off after 6 years even though I am still paying them except for one lender (two credit cards) did not at the time register the debt as a ‘Default’ and passed this debt onto IDEM for collection. They currently receive £1 per month each, the Credit History goes back to 2007, and as they have not ticked the box saying I have defaulted, this debt will hang around me for the rest of my life under the current repayment plan? Would really love some advice. I do feel that I should contact the Financial Ombudsman at this stage, but are there any definite guidelines when a company has to mark the debt as a default? Thank You
Sara (Debt Camel) says
Hi Stuart, yes there are guidelines, they are explained in this article which also covers how to get a default date corrected (or in this case, added): https://debtcamel.co.uk/debt-default-date/. But you also need to think how to end this very long repayment plan, see https://debtcamel.co.uk/paying-old-debt/.
Barbara N says
If a court claim is received for a debt that is statute barred, and the claim has been acknowleged, could you please advise on the wording that should be used for defending the claim? Grateful thanks.
Sara (Debt Camel) says
Hi Barbara, I could do but I am not going to … I’m sorry if this sounds unhelpful, but I have seen too many people think a debt is statute barred when it isn’t, in which case copying out something from here on your defence form is not going to work and you are likely to get a CCJ. That is why I am suggesting you phone National Debtline, who will be able to talk about your specific debt, whether it is statute barred and whether you have any other form of defence in addition (or instead of) statute barred.
Andrea says
Hi, I have received a letter from Lowell in regards to a debt from 2006. The letter is threatening to take me with a ccj. I was under the impression this debt was now out of date and they could no longer threaten me with court? Where do I stand?
Sara (Debt Camel) says
Hi Andrea, if you haven’t made a payment to the debt since 2006 that sounds as though it may well be statute barred. I suggest calling National Debtline. If they do take you to court you MUST defend the case.
John says
Hi, I am defending a claim being Statute Barred. Last payment was made over 6 years and 6 months. The claimant obtained a CCJ against me by default after this time. I later obtained a Set aside order on the grounds that the debt is statute barred with a new court hearing. Now the claimant is saying that the debt is not statute barred because they sent a default letter sometimes 5 years after the the last payment and they attached a “reconstituted default letter”. Is it relevant that letter or will be taken inconsideration by the court? They saying the cause of action started with that letter..
Thanks
Sara (Debt Camel) says
Hi John, this seems to be a new line that some debt collectors are trying… it doesn’t seem right to me as the cause of action is when you miss a payment to a debt (I’m assuming here it was a standard credit card or loan.) I suggest you contact National Debtline and ask for their help – I know they have come across this problem before.
EDIT – in January 2019 the legal position got more complicated when the Appeal court decided that for some credit debts (loans and credit cards) the creditor had 6 years from the date of a Default Notice to start action. See https://debtcamel.co.uk/statute-barred-debt/ for details and talk to National Debtline on 0808 808 4000 if you think this may affect you.
Adele says
The majority of my debts are about to become statute barred this year, however they have been sold and re sold to various debt collection agencies. They don’t know my current address, how likely is it that they could apply for a CCJ? Is it worth their while?
Sara (Debt Camel) says
Hi Adele,
it is common to be contacted after 5 years as that is when debt collectors put some effort into finding you, see https://debtcamel.co.uk/no-calls-or-letters-about-debt/. Or they may simply go for a CCJ at your last known address. If you have a lot of debts the chances are that at least some will find you or go for a CCJ.
You need to be very sure about statute barring to use that as a defence to a CCJ – do speak to National Debtline before trying this. If you get court papers, you should also ask the creditor to produce the CCA agreements for the debt, see https://debtcamel.co.uk/ask-cca-agreement-for-debt/
Mac says
Hi a left the uk in 2007 with many debts and never paid anything or acknowledged any letters am moving back soon 2016 will they still look for me thanks
Sara (Debt Camel) says
Hi Mac, after all that time it is likely that any debts will be statute barred – unless a creditor has already obtained a CCJ for them… you can look at your credit record to see this or use the Trust Online system, see https://debtcamel.co.uk/do-you-have-ccjs/ but you have to search for each address they may have used separately.
Irene says
Hi, I just received at letter from 1st Credit Ltd this morning regarding a personal matter and my address has been supplied as a possible address for our subject. I’ve not got in-touch and won’t as I gather this is about a very old debt from 2000. I’ve never had contact with anyone about this or acknowledged the debt. I’m not sure if I have CCJ against me. I’ve since had a loan from a different bank and paid this back in full last year so I’m assuming I don’t have a CCJ against me as I’d never have been giving the loan in the first place. Will this old debt be statute barred now?
Sara (Debt Camel) says
A debt that you haven’t made any payments to or acknowledged from 2000 is very likely to be statute barred UNLESS the creditor has gone to court for a CCJ. See my previous reply, to Mac, for how to check this.
Cate says
Hi, I wrote in previously in regards to an old loan that I supposedly took out in November 06, I called them and said I had no knowledge of this loan or the amount, and sent a recorded delivery letter shortly afterwards about the debt being statute barred as it had been over 6 years. I received a letter back this morning saying they have gone back to the original creditors and are waiting a response. What does this mean?
Sara (Debt Camel) says
Hi Cate, it probably means the debt collector doesn’t have many details and they are trying to get hold of the original credit agreement and/or a statement showing when a payment was last made to the account.
petru says
hi , I have received a couple of letters this week from BWLEGAL regarding a debt from 2009 for a laptop which I got on a monthly contract from o2 for which I only managed one payment and I haven’t been in contact with them ever since
now the first letter says :
we have now issued legal proceedings in the form of a COUNTY COURT CLAIM which you will shortly receive directly from NORTHAMPTON COUNTY COURT (COUNTY COURT BULK CENTRE) as you have failed to make repayments on your above account (1121£)
…………….
if you do not contact us or reply to the CCC , we may enter a CCJ against you after 1 march 2016.
the second one:
We have issued legal proceedings against you in the form of a CCC. You have failed to respond with any proposals for payment or, alternatively, the reasons why the debt is disputed.
If you do not contact us or respond to the CCC , we will enter a CCJ against you after 1 march 2016.
…..
If a CCJ is granted and you still do not make arrangements to pay, we may seek to enforce the CCJ through one of the following :
WARRANT OF CONTROL
ATTACHMENT OF EARNINGS
CHARGING ORDER
ORDER TO ATTEND COURT FOR QUESTIONING
What should I do, I thought that this debt is statue barred by now?
Sara (Debt Camel) says
The debt may be statute barred – if it is you will have to defend the CCJ claim on this basis. Phone National Debtline 0808 808 4000 – they will be able to discuss whether this debt is likely to be statute barred and help you complete the court forms.
fay parry says
I had a call from a private investigator for a debt collector from a debt around 17 years ago. The only thing i can think of was a bank loan myself and my ex husband took out. I have not had any letters or made any payments since 1998 at least. Will this debt be statute barred because its a bank?
Sara (Debt Camel) says
Hi Fay, anything that old is very likely to be statute barred! But it is more likely that it is some more recent debt, possibly someone else’s that has been incorrectly matched up to you.
fay parry says
No it was definatly me he was looking for. He had my addresses and info from the electoral role. And he said it was from an address that i left when my eldest daughter was 2/3 years old and she is 20 this year. So definatly a very old debt.
Wendy says
Hi,
I recieved a letter from a debt collection agency today informing me that I have an HMRC debt for tax credit and that it has now been passed to them for collection. I only ever claimed tax credits for one year and that was back in 2006 or 2007. As far as I know I have never recieved any contact from HMRC regarding this and as I am employed and a tax payer ( So very traceable for them ) I am baffled. could this debt be Statute barred or are there different rules for government agencies?
Sara (Debt Camel) says
Hi Wendy, yes the laws are rather different for government debts :( I suggest you go to your local Citizens Advice as you need to establish first if the debt is correct and secondly if it is enforceable.
Sam says
Hi,
I currently have a couple of debts that I know to be Statute Barred, however I would still like to get the debt paid off so that I can feel more content. You stated that I can offer as little as 10% settlement figure, how would I go about wording a letter that claims the debt is statute barred but also offering the settlement figure?
Sara (Debt Camel) says
If you are sure the debts are statute barred you can say anything you like in the letter, the debt will not become “unbarred” if you say the wrong thing. But before you write to them I really do suggest talking to a debt advisor, eg National Debtline, about your case.
Gary says
Hi Sarah I’m being chased by a debt recovery company I sent a statute barred but they say they have brought it and that I now owe it thanks gary
Sara (Debt Camel) says
Hi Gary, I suggest you talk to National Debtline 0808 808 4000 about this. They will be able to talk about the statute barred issue and what your options are.
Thomas Babcock says
Hi there
I have an alleged debt with a mobile phone provider which is now over 6 years old so is statute barred. The account never appeared on my credit file and therefore no adverse information was ever entered.
Are the mobile phone provider allowed to put an entry on my file and add adverse information even though it’s now over 6 years old and statute barred?
Sara (Debt Camel) says
The fact that the debt is statute barred has no effect on your credit file. The mobile company can add a default, however this should have the correct date, and it sounds as though this should have been a long while ago – possibly 6 years, in which case it will drop off your credit record immediately :) You should ask the mobile co to correct the default date, see https://debtcamel.co.uk/debt-default-date/
claire says
Hi, I have received court papers regarding an old debt that has been bought by Lowell. I have defended the claim saying that it is statue barred, if it is my debt and for Lowell to send me proof of the debt and last payments etc. I have received a letter from the court saying; my defence is being served on the claimant and that they have 28 days to respond if they wish to proceed. If they do not then after 28 days the claim will be “stayed”, and the only action the claimant can take will be to apply to a judge for an order lifting the stay. What does this mean?
Sara (Debt Camel) says
I am sorry but I can’t advise on what to do with a court case.
You could phone National Debtline 0808 808 4000 who are good on everything to do with CCJs, or if you are happy to post on a forum, the Legal Beagles is a good one for support for court cases: https://legalbeagles.info/forums/
jayne says
Hi
I have credit card debts that have been sold on in the last few months. My debts incurred due to ill health, resulting in a physical disability and loss of job. It is now almost impossible for me to return to full time employment to enable me to cover these debts. What would be my best course of action please?
Sara (Debt Camel) says
Hi Jayne, it sounds as though you need a complete review of your finances. You could go to your local Citizens Advice if you would like to do this face to face or phone StepChange http://www.stepchange.org/ if you would prefer to this on the phone.
shark says
Hi.
I recently got a letter from a debt company that has brought my debt which is 9 years old and I haven’t made a payment in 9 years so I take it this debt is barred?
Sara (Debt Camel) says
As this article says, some debts are not straight forward – I suggest you call National Debtline 0808 808 4000 and discuss this particular debt.
David says
I have received a letter from go debt asking for anow old car debt to be settled, the original agreement was with direct auto financial services Ltd and was taken over by go debt on the 30th November 2004. They’ve asked for a financial statement to be filled in, do I have to do this? I can’t remember when I defaulted on this debt and go debt over the years have used some underhanded tactics to get the debt paid like taking a photo of a house I owned in 2006 and saying the photo will be used for valuation purposes. Do I still owe this debt and of so, if I make an offer of 5% of the debt do they have to accept or do I have to pay the full amount ? .
Sara (Debt Camel) says
Hi David, if you haven’t made a payment since 2004 this debt should be statute barred. In this case legally you still owe the debt but if they take you to court you have a defence. You could write the letter in this article, or if you want to be more sure you could phone National Debtline. Offering money or completing forms means they will never go away:(
raymond says
Hi, any advice would be great. last year 2015, I got a letter from a debt collection agency saying I owe them money from 2001. I disputed the debt as it was not mine, they produced credit agreement so I was a victim of fraud, which I reported to the action fraud dept. They still say I am liable to pay. I never heard off the company before, or about the debt. I have also never made a payment in (14 years). I told them this and they said they never contacted as they were taking payments off the wrong person, the person found out and claimed their money back, so now they added the balance back to this debt in my name and say I must pay. ( I have never made payment or had any contact for 14 years, first contact was last year where I disputed the debt) would this debt be statute barred anyway as I have never been in contact, supposedly being the customer, and never made a payment?
Sara (Debt Camel) says
Yes it would be. Who is this debt collection agency?
raymond stevens says
Thank you :) Arrow Global limted. They received every payment they got off the wrong person, they have never contacted me ever from 2001 – 2015. I disputed debt as the signature is not mine on the agreement. Had no final response from my complaint and they keep wanting to discuss with me over phone, I told them I will only discuss in writing so I have a clear record of everything Since they said I would still be liable, I decided to hit them with a statute barred letter with a few paragraphs from the FCA Handbook. I was a bit unsure whether the statute bar limit woud apply due to payments on the account. The handbook states they must be in contact with the customer, which they haven’t. Any paymet or contact with the other person would be a data protection error on their part I assumed.
Sara (Debt Camel) says
The statute bar can only be affected by you making a payment (or that of your partner if it’s a joint debt).
Well it sounds as though you have told them the situation – it isn’t your debt and even if it was it is statute barred. If it has been more tha 8 weeks since your complaint, I suggest complaining to the Ombudsman if the next contact from them phone, letter, email) doesn’t recognise the reality of the situation.
Jonathan Ashby says
Hi,
I recently received a letter from a debt collection agency about an overpayment of tax credit for a joint application from years ago.
This came compleatly out of the blue and I had no idea what it was about.
I contacted HMRC and they said it was for an over payment from 2003/2004.
I told them I knew nothing about this (I split from my then partner around 2006 or so). They said they had sent letters chasing it up, again I knew nothing about these letters.
They said the last letter they sent was in 2006, and as far as I know there was nothing until I got this letter from the debt collection agency.
I contacted the debt agency to tell them I was disputing this with the HMRC, they said that I’d still have to pay and that if it was overturned by the HMRC I would get any money paid back.
Now, after reading this article I understand that if I make a payment it will reset the clock so am I right in thinking I should tell the debt collection agency they are getting nothing from me as this debt is statute barred.
Now 2006 is way longer than 6 years ago. This clearly falls within the statute barred criteria.
Should I just tell HMRC this debt is statute barred and I’ll not be paying it?
What is their likely comeback from that?
Cheers,
Jonathan
Sara (Debt Camel) says
It would seem likely this debt is statute barred see http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm595080.htm, the main likely exception would be if your ex had made payments to it recently. However tax credits overpayments are one of the few joint debts where the creditor usually agrees to split the debt 50/50.
I suggest you contact HMRC and say you have no knowledge of the debt and if it does exist it would be statute barred. And copy the letter/email to the debt collector.
Technically making a payment to a statute barred debt doesn’t change reset the statute bar, but you wouldn’t get your money back ( the debt still exists) so this isn’t a good idea.
Contact National Debtline if the debt collector starts court action.
Steve says
Hi i had several hp on company’s like carpet world and MFI back in the late 90s,they went into liquidation quite a few years ago maybe more then 5..Anyway i was never contacted for the debt even back in the 90s as i had moved around alot back then..Only about 6yrs ago i started to get letters from debt agency’s about these HP’s due to me be listed on the elctrol roll..I have made no payment but keep on getting threating letters.Am i in the time frame for a statute barred…Or do i have to offer a token of payment..All off the Hps i have are well over 10 yrs old or more..
Sara (Debt Camel) says
They sound as though they will probably be statute barred. the next time a letter arrives, I suggest you talk to National Debtline about it and what you should do.
Emma says
Hello.
I’ve just received a letter from A debt collector this morning from a old debt from the bank. They are offering me a payment plan. This was on my credit file but no longer is after years. I’ve not spoke or made payments to this debt since I lost my job in 2008. How can I tell is it’s definitely barred.
Best regards
Em
Sara (Debt Camel) says
I’m sorry I can’t tell you if an individual debt is statute barred. I suggest you call National Debtline on 0808 808 4000 and ask how you should reply to this letter.
Tracy says
I sent Robinson a letter to say a loan was statute barred. They closed it and said they had passed it back to provider. Then I get a letter from Lowell saying it isn’t Statute barred because the default notice was sent in July 2010 and so debt is enforceable for 6 years from that date. My last payment which I have evidence of is October 2009. So is statute barred from the last payment or default notice. I’m confused.
Sara (Debt Camel) says
Can I suggest you call National Debtline and ask them how to reply – I know they have come across this problem before: 0808 808 4000
EDIT – in January 2019 an Appeal court decison said that for some credit debts (loans and credit cards) the creditor has 6 years from the date of a Default Notice to start action.
Gus says
Firstly, can I say that I find your website really informative.
I have a CCJ for default payment in January 2011. I now have a financial company who is not the original creditor chasing me for it and they have gotten another CCJ for a right to collect the debt in August 2014. I can’t remember the first time they contacted me but I have not acknowledged the debt with them. I think the last time I made a repayment to the original creditor was around August 2010. Does this mean my debt is statute barred in there months? If so can I then offer a F&F to the financial company currently chasing me?
Sara (Debt Camel) says
Hi Gus, to answer your question, a debt which has gone to court and resulted in a CCJ will never become statute barred.
But your story sounds odd – it isn’t possible to get a second CCJ for the same debt. Perhaps the first “CCJ” was actually just a default and didn’t go to court, then the second one in 2014 was a CCJ? Or perhaps the two CCJs relate to different debts? You can check up on how many CCJs you have on Trust Online, see https://debtcamel.co.uk/do-you-have-ccjs/
I suggest talking to National Debtline 0808 808 4000 to find out what your options are.
Gus says
Many thanks Sara,
It is an odd story indeed. After speaking with an adviser from National Debtline today I now know what I need to do.
Kind regards
Gus
Viki says
Hi, I have just received a letter from Lowell that states they’re assessing my account for legal action and that if I don’t reply they will proceed with the assessment that could involve legal action. This is for a debt with Severn Trent water. I haven’t lived at the address they’re claiming for, since about 2009 or 2010 and as far as I’m aware the account was in my exes name at that point. So I think they may be claiming from an earlier period than that when it was in my name which would be around 2008. How do I find out what date this claim is for without acknowledging the debt and is this something that could be statute barred?
Thanks
Sara (Debt Camel) says
All adults living in a property are jointly liable for a water debt, regardless of whose name is on the bill. So if it was switched into your ex’s name in 2008 but you were still living there this isn’t going to help you. I think you are going to have to try to find out the date you left the property, then when you know that, I suggest you talk to National Debtline 0808 808 4000 and discuss what your options are.
Caroline Bateman says
Hiya, I received a letter about a debt last year. It was over 6 years old and I hadn’t heard off the company in that time or made a payment. I sent a letter stating it was statute barred and heard nothing further till this year a year to the day of the original letter. I sent a copy of the original statute barred letter and said that nothing had changed and they should not be contacting me. I have received another letter thanking me for my reply and saying that I really need to contact them via telephone. What should I do. Should I send another letter or call. Will this affect my statute Barred status.
Sara (Debt Camel) says
If the debt is statute barred, nothing you say will change that. I suggest you call National Debtline 0808 808 4000 and talk through this specific debt with them so you know what your options are.
Jo says
I’ve received a council tax bill for a property I have never lived at from
16 years ago and council have passed debt onto enforcement agents as I am unable to provide proof that I lived somewhere else at that time as I don’t have any records that far back.
Sara (Debt Camel) says
There are two approaches here. First to carry on hunting for evidence that supports the fact that you didn’t live there. You may not be able to PROVE where you lived, but given the length of time I think the council should consider other evidence that suggests it was unlikely:
– You don’t have any bank statements, pay slips, job offer letters with your address on?
– Have you looked at your credit record – sometimes the old addresses listed there go back a surprisingly long way, it’s worth a try
– is the bill from a council a long way from where you were living at the time? If it is, then almost any scrap of information would do – your Linkedin account might show where you were working? If you still work for the same employer, you could ask HR to give you a letter saying you worked for them at the date in question, and point out that you couldn’t reasonably have commuted there from the property in question.
Alternatively you could try to get someone else to talk to the council and say how unreasonable it is that you are being asked this. You could try your MP, or this firm http://www.counciltaxadvisors.co.uk/ (there are many firms advertising to help with bailiffs on the internet, but that firm is a proper debt advisor and actually negotiates with council, which most of the others don’t!)
Dawn says
I received a letter from BW Legal (Lowells Portfolio) regarding a debt they say that I owe. Firstly, the debt have my first name right, my middle name completely off and my surname right. however putting all three names together that is not my name. First and last is mind but the middle is not a misspell or typo error, it is Jane and mine is Payne. it is also on my credit profile like this. I have never use that name before either. they sent this letter to me stating that if they don’t get a response by the 3rd of June that they would proceed to legal actions. I started to check my credit files and discovered that a default was register against that name on my credit file on the 04/10/2010, which would set it to be deleted from my credit file in 4 months time. I have not made no payment to this account nor acknowledged this account for over 6 yrs. I did have a catalog credit with shop direct. which is the account they are saying this is. I sent them a statue barred letter, registered which reached them befored the 3rd of June for evidence, still not acknowledging. Yesterday I received filing from the court. they have not responded to my request for evidence that it is not statue barred.
Sara (Debt Camel) says
Hi Dawn, I suggest you talk to National Debtline 0808 808 4000 about how to respond to this claim form. You must not ignore it, there are strict timescales for replying.
Dawn says
Hi I recieved a letter today from a collections agency who happened to apply for a CCJ a year ago. As no contact was made to them over a period of 6 years, I responded to the CCJ denying the debt along with a cover letter as detailed above claiming the debt to be statute barred.
I recieved a letter shortly after from the CC stating they had passed the information over to the creditor who bought the debt. A few days later I received another letter this time from the agency stating that they will investigate and be in touch, but for then the matter would be put on hold. I have heard nothing at all since from both.
My question is, as I have received another letter from them today regarding the same debt does this mean they will try and issue another CCJ? Or are they just chancing by offering a 50% settlement?
Thanks
Sara (Debt Camel) says
What happened to the court claim a year ago?
Dawn says
Nothing at all. They replied to say they recieved my acknowledgement and that they would pass the information over to the creditor. I have had nothing since so can only assume the creditor did not pursue with the CCj
Sara (Debt Camel) says
did you actually get a court Claim Form? If you did, have you looked at your credit record recently to check there is no CCJ?
dawn says
Yes it was the initial form they send. And have had nothing from them or anyone else since.
There is no CCJ on my credit report at all
Sara (Debt Camel) says
Well if the debt was statute barred a year ago, it still is :) But I think you should call National Debtline to discuss this 0808 808 4000. I also think you should contact the court and ask what happened to the case last year- was it discontinued? or stayed? If it was stayed it can be restarted.
joanna says
Hi I tried to get a loan from my credit union I have been with them for 20 years and have had quite a few loans off them. But this time they said I couldn’t get one as I have a ccj against me from 2013 December. I didn’t know this , I defaulted a credit card years ago in my old house , I have been in this house since July 2008 and have not had any ,or responded to any letters should I get in touch with the courts ,the credit union gave me their number or should I just leave it, will it clear after 6 years. Nobody has been in touch from the courts.
Sara (Debt Camel) says
I think you should talk to National Debtline on 0808 808 4000. It sounds as though you never got the court papers, so you may be able to get the CCJ removed, but you would need to have a “defence” to the CCJ. National Debtline are very good at everything to do with court processes and they can help you look at what your options are so you can decide what to do.
Mark says
I had a demand from 1st Credit for a Halifax Credit card. It is old so I sent a prove it letter. They have sent proof in the form of a credit agreement from 2007 and statements up to July 2009 which is when I stopped paying it.
As they is no further proof of communication provided between me and the creditor, does this mean it is barred?
Sara (Debt Camel) says
That sounds likely. i suggest you talk to National Debtline about this and about the credit agreement as well – 0808 808 4000.
Mark says
Many thanks for your help. I contacted National Debtline but found them very automated. I was just forwarded to a fact sheet about it. Reading that I came to the same conclusion that you indicated in your response of 13/07@5:26pm.
I will send them the Barred letter template as shown on this site.
Many thanks
Paul says
Hi, I had debt balance showing on my credit report. The debt has been going on since 2008, the debt balance has been removed from my credit report now. Does that mean I’m debt free ? I was paying £5 per month but have stopped paying since February 2016.
Sara (Debt Camel) says
No you are not debt free. This debt is not statute barred because you have been paying it up until recently. See https://debtcamel.co.uk/debt-not-on-my-credit-file/ for more info on this situation.
Mark says
A debt collection company have an old debt of mine that as far as I know I stopped paying in 2009. I sent the statute barred letter to them after they had confirmed on the phone that this was the date when it became default (which is also when I stopped paying).
Their response was that I last made a payment in April 2012 to the previous debt company who owned the debt so that don’t consider the debt statute barred.
I called my bank and asked them to look at my statement history for the payment amount the debt collection company had stated at this time. They even checked a couple of months around this date and my bank found no evidence of this payment.
As all the debt collection company said was “The original creditor has confirmed the last payment was the 2nd April 2012 at the value of £20.00. Therefore, the account is not statute barred.”
Can I challenge them to prove this as I have no evidence of this payment? Is it possible the they might be “trying it on” to get me to accept liability for the debt?
Sara (Debt Camel) says
I suggest you reply saying that you deny any liability for the alleged debt (same first sentence as previous letter), you deny have made any payment to them in the last 6 years, that you enclose copies of your bank statements for March, April & May 2012 (you can black out any sensitive info on them) and ask them to produce evidence that this payment came from you.
This would also be a good point to ask them to produce the CCA agreement for this alleged debt if it is a loan, credit card or similar (not an overdraft), see https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx
If they persist with this, National Debtline 0808 898 4000 is a good place to get debt advice. Certainly call them immediately if you get a court claim form for the debt – even if the debt is statute barred you have to defend the claim.
Ann says
I have a debt 10 years old from a credit card company. They sold the debt and the new company issued court proceedings and got a CCJ after about 5 years but to an address that I had not lived at for 3 years so I never received any papers. I also never received the letter of assignment of debt which they claim they sent me, but also to an address that I no longer lived at.
Is this considered statute barred?
Sara (Debt Camel) says
No, once there is a CCJ it will never become statute barred.
ann says
Even if I never received the court claim?
I have in the meantime managed to get the CCJ set aside on the basis that I never received the original claim, but the matter is now going forward in the normal manner. Does change anything?
Sara (Debt Camel) says
If the CCJ has been set aside, then the debt could be statute barred. For a credit card debt this old, you should also ask the creditor to produce the Consumer Credit Act agreement.
You say “the matter is now going forward in the normal manner” – I don’t know if this means the debt collector is just asking you for payment or whether a new court Claim has been issued. If a new Claim has been started, you need to act fast to ask for the relevant documents (if you don’t have them already) and enter a defence within the set times even if you are not supplied with the documents. Talk to National Debtline about what you need to do: 0808 808 4000.
Stephen says
When i look at my credit file, with regards statute barred debts, is it 6 years from the default date that the debt cannot be enforced?
Or is it the date where it says ‘Date Updated’ relating to the debt,which in some cases on the debts i have is a much more recent date,even though i have made no contact with the companies involved who are trying to chase me?
Sara (Debt Camel) says
What matters is when the creditor first had a cause for legal action. Can I suggest you get all the details about each of your debts (type of debt, when you last made a payment to it, have you ever received a Default Notice) and talk to National Debtline 0808 808 4000.
michael says
I have received a claim form about a credit card debt, but under the particulars of the claim it says it was a contract between me and capital one dated 2001 and passed to the claimant (Cabot financial) in 2011. I have not acknowledged the debt with either company, as far as i am aware I’ve never had a capital one credit card.
When it comes to statute barring a debt, would the debt begin in 2001 or 2011 in this case?
Sara (Debt Camel) says
The date the debt was bought by a debt collector is not relevant. The date the contract started isn’t relevant either. Read the above article which looks at when a debt may be statute barred.
At the moment it sounds as though your defence should be based on the fact that you are not the debtor. Because you have a claim form you need to act fast to request various documents (Consumer Credit Act agreement, Default Notice, Notice of Assignment, Statement of account and any other documents which are mentioned on the Claim form) and also enter a defence within the time limits even if you have not been supplied with the documents.
A good place to get advice and template letters for asking for these documents is National Debtline 0808 808 4000.
mark says
I recieved a default notice from Nationwide dated 14/01/2010 in respect of my current account being overdrawn. Since that date this debt has passed to numerous collection agencies for repayment.. Due to personal health reasons I have not been in a position to make any offer of repayment so I have never responded to any communication from these companies. My credit file status records Default and the lender as the latest collection company not the Nationwide The date of default is recorded as 21/10/2010. Also recorded under Status History is DF every month since May 2014 and a balance that has remained the same As this was a overdraft debt I presume they used a 9 month date after default rather than the 3-6 month usually applied for other non secured debt. My concern is can they even at this late stage of over 6 years still apply for a CCJ as according to the recorded date of default still has approx 2 months left any advice would be gratefully appreciated
Sara (Debt Camel) says
They can apply for a CCJ, the question is whether you can successfully defend this on the grounds that it is statute barred. Having a default Notice that is more than 6 years old means the debt is very likely to be statute barred if you have not made a payment or acknowledged the debt in writing since.
If you have had any recent communications from the current creditor, I suggest you should talk to National Debtline about what you should do – in these circumstances ignoring letters probably isn’t your best option.
Dave says
I sent this off to a company who are pursuing a debt they say I owe but I cannot recall,never received a CCJ for and their “Solicitors” has responded as follows:
“You have alleged that the debt is statute barred. Section 5 of the limitation act 1980 provides that an action founded on a simple contract shall not be brought after the expiration of 6 years from the date on which the cause of the action accrued.
We are instructed that in this case the cause of the action accrued when the agreement was terminated on 14/02/2006/ Therefore the proceedings were issued on 01/08/2007 within the 6 year limitation period, and so the claim is not statute barred.
If you disagree please set out the precise legal basis giving the date on which you believe the debt became statute barred. ALternatively please complete the attached enclosed income and expenditure form.”
Are they correct in their description?
Sara (Debt Camel) says
Are they saying there is a CCJ for this debt?
Dave says
Yes they are claiming there is but I have not seen one nor is one registered against my property
Sara (Debt Camel) says
If they got a CCJ in 2007/8, this would no longer appear on your credit records or on the Trust Online site.
My inclination would be to dispute the debt on the grounds that they have the wrong person, that you have no knowledge of this debt or of any CCJ rather to try to argue that it is statute barred. Ask them to produce some evidence that this is your debt. Looking at your email address your first and surnames are pretty common…
I suggest you should talk to National Debtline on 0808 808 4000 and ask them what your options are.
Mark says
I have a debt that became a default back in 2012. I have not paid anything to the debt for more than 6 years. Does the existence of a default notice within the 6 years class as communication from the creditor and therefore mean that it is not statute barred?
Sara (Debt Camel) says
No. You are the only person that can acknowledge a debt. If you want to be sure about whether this debt is statute barred. I suggest you talk to National Debtline on 0808 808 4000.
EDIT – in January 2019 the legal position got more complicated when the Appeal Court decided that for some credit debts (loans and credit cards) the creditor had 6 years from the date of a Default Notice to start action. See https://debtcamel.co.uk/statute-barred-debt/ for details and talk to National Debtline on 0808 808 4000 if you think this may affect you.
ben says
If I have a statute barred debt can it be held against me when applying for housing with a landlord, either private or RSL?
Sara (Debt Camel) says
A RSL doesn’t normally do any form of credit check. A private landlord often will but most statute barred debts aren’t still showing on your credit file. Is this one? What is its default date?
Gareth says
Hi i have a debt which is coming up ti 6 years since i paid but a few years ago i claimed ppi (via a claims company) on it will this reset the clock?
Sara (Debt Camel) says
Unless the claims company was very careful about how the PPI claim was phrased, yes it may have. I think you should probably assume this isn’t coming up to statute barred