Statute barred debt and bankruptcy

[drewlb]

Hi I hope someone can help me please. I have just started an application for Bankruptcy and recently a few of my old debts which are older than 6 years have resurfaced and they are asking for payment.

Do I just simply include these in my bankruptcy application or do I contact the debtors and tell them that the debts are statute barred?

[Amethyst]

Are these debts older than 6 years since they defaulted / were last paid ? none of them hold a CCJ against you?

I think you have to speak to your insolvency practitioner to decide whether they should be included in the bankruptcy. If they are statute barred then they are unenforceable through the court, however the debt still exists - I'd expect the IP would ditch them as statute barred in any case, but it is better to include too much than risk missing something out. However I don't know much about bankruptcy procedures and rules so just tagging someone who might have a more definitive answer for you Debt Camel

[drewlb]

Yes some of the debts are over 6 years old, since they defaulted.

[drewlb]

And none of the ones over 6 years have CCJ's.

[Debt Camel]

It is always easiest to list everything, whether or not it is statute barred or unenforceable for some other reason.

BUT bankruptcy wipes out all your debts (with exceptions such as magistrates court fines, student loans etc, but not the consumer debts I assume you are being chased for) even if you don't list them. See https://debtcamel.co.uk/forgot-debt-bankruptcy/. So it's not tragic if you don't. the big advantage of listing them is the OR then tells the creditor you have gone bankrupt, you don't have to do this.

Can I just add that it is always best to have talked to an independent, free sector debt adviser about the decision to go bankrupt. This may well be your best choice, I have no idea, but for the sake of spending an hour on the phone to National Debtline or StepChange it is good to get the opinion of a professional and to see if they have any other suggestions.

[DANNYBOY62]

hi all thanks for being there i had a court judge ment against me brought by BLACK HORSE FOR £15000 plus £7000 ppi the judge granted them a charging order on my house which i am in the process of selling the charge was granted in 2008 but two years ago they sold it on to CABOT who harrassed me by ph by letter even e mail they are horrible people any how thanks to LEGAL BEAGLES i was advised to sar them both which i did and neither of them have produced any cca when i asked CABOT for it after they sent on the sar reply they said they didnt need it is this correct but after my querying the absence of a cca doc they have gone to ground in their docs to me they state and i quote "as the debt was assigned to them they are now the legal owners" surely they would have to prove ownership black horse also replied to the SAR and again no cca i was stupid to go to court myself in 2008 the judge didnt give me a wreck i never asked for the cca agreement on that day it was an unsecured loan in my name only so can BLACK HORSE still hold a charge on my house when there is no cca to be produced and if they sold on the supposed debt to cabot who claim to have all the legal rights should not they remove their charge from the register thank you all for being there

[DANNYBOY62]

sorry i meant to include that i never paid them a penny

[drewlb]

DANNYBOY62 Please create a new post for your issue as you have posted on mine!