MKRR

[ritarro]

Hi everyone, I have some questions that you might be able to shed light on.
My wife had a credit card which she defaulted on seven and a half years ago before she came to live with me abroad. We moved back to the UK after I had a serious accident at work, I am now permanently disabled after a 40ft. fall off a roof. Is this debt not now statute barred, she has had no contact with them in all this time. I mentioned my accident as this is a worry to me and is making my back worse, I crushed my spine amongst other things. Thanks.

[FlamingParrot]

Re: MKRR

Hi and welcome

I'm sorry you didn't get any earlier replies

If no payments or written acknowledgment of the debt have been made in six years or longer, then yes, the debt is definitely statute barred. :clap2: :bounce: :thumb:

[ritarro]

Re: MKRR

Thanks, thats what I thought, got another letter today, we get about one a week, threatening legal action, they were also calling us, I told them to stop calling, they have not since. Should I send them a Statute barred letter?

[gj500]

Re: MKRR

Yes, Inform them that the debt is in dispute. It is your belief that the debt is time barred under section 5 of the Limitation Act 1980. If they persist in contacting you, this will be deemed as harassment.

[ritarro]

Re: MKRR

Have downloaded a template letter, just worried that if I talk to them or correspond with them that it will start the clock again?

[gj500]

Re: MKRR

No, start the letter of by stating that "I do not acknowledge any debt to your Company"

[CleverClogs]

Re: MKRR

Have downloaded a template letter, just worried that if I talk to them or correspond with them that it will start the clock again?

It can't.

Despite what a debt collecting parasite might say, once a debt is time barred by section 5 of the Limitation Act 1980, it cannot be revived.

Look at section 29 (7) of that Act - link - and stop worrying.

[ritarro]

Re: MKRR

Thanks, I will send the letter and keep you posted on the outcome, I will head it "I do not acknowledge any debt to your Company"

[FlamingParrot]

Re: MKRR

Once a debt is statute barred, it cannot get un-barred even if you were to make a payment (not that I'm suggesting such a thing). A SBd template letter doesn't acknowledge the debt, even if it was sent early (i.e. before the debt is SBd).