Statute Barred Clock Ticking?

[claritydude]

Please can i have some advice on an old loan debt.

The debt was for a personal loan from a bank taken out circa 2007 in the form of a fixed sum loan agreement for approx. £10k.

The loan was originally defaulted in or around 2009 and in 2010 the borrower was paying around £30 per month with interest frozen to try and pay off the debt.

Since then the bank in question has passed this around to several debt collection agencies including Moorcroft and Westcott. The last payment toward this debt or acknowledgment of the debt from the borrower was in 22nd June 2018.

Sent CCA request early 2019 and received signed copy of agreement from one of the DCAs in Feb 2019 so I assume its enforceable for now.

The last correspondence received at my old address was May 2019 one of the DCAs. Moved house Sept 2021.

At what date does the debt become statute barred. Assuming its 22nd June 2024

What is the last date a lender can take any action on enforcing this, or at what date can i assume its in the clear?

What happens if the borrower no longer lives at previous address and has not updated address with the lender.

Is it a case of sit tight and see what happens or is there anything else I should be doing or checking?

[atticus]

Court action must be commenced before the expiry of the limitation period, which on your information may be June 2024.. The Claim Form must then be served within 4 months after issue of the claim. Service will be to the last known address, so not notifying your change of address may be a problem.

[claritydude]

Thanks for the reply, would you suggest any actions at my end atticus (or anyone else) or sit it out?

thanks agin

[atticus]

If you notify your new address, that might be argued to be an acknowledgement of the debt, setting the limitation clock back to the beginning. That suggests sitting tight.

But you don't want a CCJ because papers are served to your old address. Can you speak to the present occupiers and arrange for them to forward anything that may be received for you? Perhaps give them some addressed envelopes and stamps? I have heard it said that a redirect will not work for Court communications, but do not know if that is correct.

[claritydude]

Thanks, I'm still friends with one of the neighbours, I'll ask them to check for me, but other than that will sit tight and see where we are end of June.