statute barred

After receiving any letters from DCA and the alleged debt in question is very old debt first check to see if its statute barred,

The debt could be statute barred if its 6 years or over ,see the date on your (default notice) or the date if you have made any payment after the default notice ,also you must not of acknowledge in writing to the lender that the debt was yours this would also start the 6 years again.

1/ statute barred  6 years after the default notice / 12 years if it a mortgage shortfall

2/ if you payed any money after the default notice (this could be to a DCA ) then the 6 years will be after the last payment

3/ After the default notice if acknowledge the debt in writing, then it will be 6 years after the acknowledgement also if the debt was a joint debt and one of you
   acknowledge the debt  you could start the 6 year limit again for the both of you,

4/ Dont phone the DCA they will record you and this may look like you acknowledge the debt.

5/ have you been taking to court
 
 If you are not sure if the old debt is statute barred ( use the new 3 letters)

TRICKS OF A DCA  
1/ lie
2/ let you pay £1 a month to start the 6 years again then make you pay more
3/ Offer of a discount, to start the 6 years again
   PLEASE NOTE IF YOU ACCEPT A DISCOUNT, this will show on your credit report as partially paid and this is just as bad , if you then want to show paid in full you
  will then need to pay the DCA the full amount

COURT CLAIM
If you receive a court claim , and the debt is statute barred , fill in the court claim you have 14 days , say on it statute barred , BUT PLEASE MAKE SURE IT IS STATUTE BARRED,

WHY
why do DCA,s do this , they know 90% of people will not go to court and win by default


In Scotland  it 5 years for it to be statute barred/ but other rule may apply

I found this please watch https://www.youtube.com/watch?v=P3JCOuMPl1o

after the 6 years and statute barred the debt is not enforceable in court

petesomething wrote:After receiving any letters from DCA and the alleged debt in question is very old debt first check to see if its statute barred,

The debt could be statute barred if its 6 years or over ,see the date on your (default notice) or the date if you have made any payment after the default notice ,also you must not of acknowledge in writing to the lender that the debt was yours this would also start the 6 years again.

1/ statute barred  6 years after the default notice / 12 years if it a mortgage shortfall

2/ if you payed any money after the default notice (this could be to a DCA ) then the 6 years will be after the last payment

3/ After the default notice if acknowledge the debt in writing, then it will be 6 years after the acknowledgement also if the debt was a joint debt and one of you
   acknowledge the debt  you could start the 6 year limit again for the both of you,

4/ Dont phone the DCA they will record you and this may look like you acknowledge the debt.

5/ have you been taking to court
 
 If you are not sure if the old debt is statute barred ( use the new 3 letters)

TRICKS OF A DCA  
1/ lie
2/ let you pay £1 a month to start the 6 years again then make you pay more
3/ Offer of a discount, to start the 6 years again
   PLEASE NOTE IF YOU ACCEPT A DISCOUNT, this will show on your credit report as partially paid and this is just as bad , if you then want to show paid in full you
  will then need to pay the DCA the full amount

COURT CLAIM
If you receive a court claim , and the debt is statute barred , fill in the court claim you have 14 days , say on it statute barred , BUT PLEASE MAKE SURE IT IS STATUTE BARRED,

WHY
why do DCA,s do this , they know 90% of people will not go to court and win by default


In Scotland  it 5 years for it to be statute barred/ but other rule may apply

I found this please watch https://www.youtube.com/watch?v=P3JCOuMPl1o

after the 6 years and statute barred the debt is not enforceable in court

The need for a formal default notice only applies to accounts covered by the Consumer Credit Act.  So does not apply to service contracts, overdrafts or any other type of debt not covered by the CCA.

If not covered by the CCA the Cause of Action (as specified by Section 5 of the Limitation Act 1980) will be written individually into each different type of contract, but is usually when the contract is terminated by the supplier or creditor.

HI Tiggy

Thank you, we hope this can help someone if any one is not sure about statute barred just ask, someone will try and help all situations are not the same