Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

By kessian
#3561 An old debt has suddenly resurfaced after about 7 years and im dreading the talk tomorrow,but in all this time no one has contacted me even though i have not change address. Also its a finance company i`ve never had dealings with,do i have any rights regarding the time and changed of company.
User avatar
By Nicky
#3562 If you have heard nothing from this creditor or acknowledged the debt in 7 years, had no legal action taken regarding the debt and the debt is unsecured, then this debt is Statute Barred, which means the creditors no longer have rights to take any legal action against you.

As far as the courts are concerned, the creditor has had more than 6 years to take action and have not bothered, therefore, as far as the courts are concern, the creditor has ran out of time.

http://www.debtquestions.co.uk/legal_yo ... php#barred
User avatar
By JaneClack
#3566 But do check the register of county court judgments as if you have moved they could have gone for a judgment in default.

When a debt is statute barred it means that there is no legal recourse the creditor or anyone they may have sold the debt onto can take to get the money back. This does not mean the debt has gone however and they may keep harassing - at this point it is usual to make a full and final settlement just to stop the contact. However, you do not have to!
By kessian
#3569 Thankyou that helps, can i check for ccjs on-line
User avatar
By JaneClack
#3570 I believe you can - Nicky will know the email address. I can find it tomorrow but am a sad being on here at this time at night!
By kessian
#3571 Okay thankyou again
User avatar
By JaneClack
#3580 Cannot find an email address so you might have to go to the horse's mouth so to speak. The address is The Registry of County Court Judgments, 173-175 Cleveland Street, London W1P 5PE. There is a fee of £4.50 for a postal serach of the register for each name and address searched.

The Council of Mortgage Lenders Possessions Register is only available to members of the CML and may be checked if people apply for a new mortgage. However they do pass their information on to all three CRAs.
By kessian
#3586 Yes thankyou Sarah that is the address, found it in the early hours.I have had the meeting and the debt is older then i thought (10 years).The gentleman who came said there was no information regarding ccjs in the file so i told him im no longer acknowledging the debt to which he said he`ll pass on that information.Did i do the correct (if not morally) the right thing
By kessian
#3588 Thankyou Nicky
User avatar
By JaneClack
#3589 You did fine. It is over 6 years old and therefore it is now statute barred as they took no legal action in the time.
By kessian
#3591 Cannot thankyou enough for your help,i ve still sent for credit reports though.There nothing with Experian past or present others are coming by post. Thankyou
User avatar
By JaneClack
#3592 Glad we could be of help. Nicky is always better at the email addresses!