ChatterBank12 mins ago
Old debt
3 Answers
Is an old debt automatically statute barred after 6 years? does this mean it no longer requires payment? Two debt collection companies (Vilcollections and ScotCall) have both witten about the same debt, this original credit card was years and years ago ( i thought written off!). Unfortunately they've got my fathers address (with my name) and i do not want them turning up on his doorstep (he's old), one letter mentions doorstep collector will call to discuss, obviously i do not live there, but if i acknowledge these/this letter then does that make me liable? This card must be at least 10-15 years ago! TIA.
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Although a debt is statute barred after 6 years of no contact from yourself, this doesn't apply if you have moved address and failed to inform the lender of the new address.
Statute barred just means the debt cannot be enforced by a court order but you still owe the money and they can still request you pay.
Although a debt is statute barred after 6 years of no contact from yourself, this doesn't apply if you have moved address and failed to inform the lender of the new address.
Statute barred just means the debt cannot be enforced by a court order but you still owe the money and they can still request you pay.
Last payment was years and years ago (10-15) don't really know it's so long ago, thought it was all written off! Have read articles that you are only liable if you reply and acknowledge the debt, i don't even have any past paperwork (statements etc..) so is it up to them to prove any owing of monies?
If they take you to Court then you dispute the claim on the basis that it is statute barred. They then have to produce evidence to prove to the Court that it is not - otherwise their case fails.
But - as already said - the debt still exists, and they can possibly put it on the Credit Reference Agency files & mess up your credit rating. They can also go on contacting you & making life a nuisance. Often it is best to come to a full and final settlement by agreeing to pay a small % of the amount demanded. But make sure this is done in writing & that you have a written acceptance that your payment will be in full & final settlement before you pay up. If you go down this route, also make it clear in writing that the debt is statute barred.
But - as already said - the debt still exists, and they can possibly put it on the Credit Reference Agency files & mess up your credit rating. They can also go on contacting you & making life a nuisance. Often it is best to come to a full and final settlement by agreeing to pay a small % of the amount demanded. But make sure this is done in writing & that you have a written acceptance that your payment will be in full & final settlement before you pay up. If you go down this route, also make it clear in writing that the debt is statute barred.