How long can my creditors chase me? | How long can creditors chase debt (2024)

Gemma wrote — April 23, 2012 1:24pm

Is this for a Debt Relief Order? To do a Debt Relief Order you must pay a £90 fee and similar to bankruptcy, you will be discharged from your debts. If you are unsure then please call us and speak to us and we will go through all of your queries with you.

khan wrote — March 27, 2013 3:50pm

If my debts become statue Barred in six year time what happens to credit file score.

kursat ustugul wrote — June 13, 2016 4:17am

hi i had credit card from halifax 2007 andthen i left uk i came back 6 months ago do i have to still paid that dept ?thanks

Jane Clack wrote — June 16, 2016 8:24pm

If the creditor has not issued a county court judgment against you and you have made no payments or acknowledged the debt in writing, then the debt is statute barred in England and Wales. If a judgment has been issued – even if over 6 years ago so does not appear on a credit report ay longer) and the creditor or his agent finds you again (as you had not informed them you were moving)they can ap0ply to the court to be able to enforce the judgment and it is likely to be agreed. A statute barred debt is still there – it has not been written off – but they cannot take you to court to enforce it after the 6 year period.

Darren wrote — September 25, 2016 9:27am

I left uk over 10 years ago I left debt ..in short, I have received now a letter asking for payments. To begin next month , the letter was from a debtor agency in uk I have lived in Ireland since June 06, does this come under statute barred.

Jane Clack wrote — September 30, 2016 12:26pm

Do you live in the Republic or Northern Ireland as if youyb live in Northern Ireland and have made no payment towards a debt or acknowledged it in writing – or email – and the creditor has not gone for court action, then the debt is statute barred. If there was a joint debt and the joint partner has made payments then this is not the case.

Roger Windridge wrote — June 21, 2017 1:49pm

IVE HAD THIS DEBT FOR LONGER THAN 6 YEARS ,THEY HAVE TRIED TO CONTACT ME ,WHICH IVE NEVER REPLIED ,I.VE HAD THIS DEBT SINCE 2002 ,THE AMOUNT IS £ 4929.57 ,PLUS COURT COSTS OF £287
THE PEOPLE WHO ARE CHASING THIS ARE ARROWGLOBAL GUERNSEY ,

THEY SAID THEIR COUNTY COURT BUSINESS CENTRE PHONE 0300 123 1056
ADDRESS ….4TH FLOOR , ST KATHRINES HOUSE, NORTHAMPTON
DATED 8TH JUNE 2017
THEN AT THE BOTTOM OF THE LETTER ……IF YOU HAVE NOT PAID THE AMOUNT OR IGNORE THIS LETTER GOODS MAY BE TAKEN AND SOLD ,AND OTHER ENFORCEMENT PROCEEDINGS MAY BE TAKEN AGAINST YOU

PLEASE HELP

Jane Clack wrote — June 21, 2017 3:00pm

They could only enforce this debt if a county court judgment had been issued. County court judgments sit on credit files for 6 years and then fall off and if the creditor has not enforced before this time, he has to go back to court to say why. If it because it was issued to the last address they had for you and they were then unable to get in touch, the court will allow them to do that. You do need to be sure that you have not moved address since they could have made a claim – up to 6 years from your last payment or acknowledgement in writing – and if this is not the case then you can remind them that the debt is statute barred. Please look at the fact sheet on liability for debts published by National Debtline. I mention the county court details and judgment as you mention the Northampton Bulk Court address on your email.

Bev wrote — July 19, 2013 4:29pm

In January 2006 I went to Index Extra to buy a cooker. After I’d purchased it I was told they couldn’t offer a connection service so Index Extra refunded the money on to my debit card. The lady then processed an order via Littlewoods to purchase the cooker and for it to be installed by a gas engineer. At no point did I sign a credit agreement because I paid the full amount by debit card whilst I was stood in the store.
Every 6 months I get threatening letters from a debt collector to say that if I don’t pay up bailiffs will call. I explain to them the situation, that I paid twice and was refunded once and have even proved this numerous times with bank statements.
I now cannot find that bank statement and it’ll cost me money to get another so I’ve told them to prove I owe this money by sending me a copy of a credit agreement with my signature (I know they cannot do this as I never had one!). I then don’t hear from that debt collector again but a different one will contact me after 6-12 months.
So my question is what can I do?
It is becoming a real drain to have to deal with this again and again. As its been 7.5 years now is there anything I can do to get rid of them?

Aaron wrote — December 31, 2014 10:03am

Apply for online banking where you can get all your statements or ask for an unofficial statement from your bank as these are free of charge and can still be used in a court of law as long as the statements are “STAMPED” by the bank. Hope this can help

Dawn wrote — December 30, 2013 2:51am

Hi. I have been split from my ex for almost 4 years now. Approx 9 years ago he took out a substantial personal bank loan to pay off company debts, solely in his name, and another approx 6 years ago which was for 10k, this one I begrudgingly guaranteed. He kept failing to pay on time, and struggled to meet the monthly payment amounts agreed. The bank advised him to cease paying and let it go to collections, which he did. A collections company who work on behalf on the bank stepped in, consolidated the loans and now he pays a small amount each month to pay them off. The total still due to them is 85k approx. My query is, ive never paid anything towards these debts since he took them out, I was stupidly
guarantor to the 10k even though they are nothing to do with me. As 6 years has passed re the one I was guarantor for, does this mean they cannot chase me if he fails to pay ? The loans were not secured on the joint property as far as im aware at the time as I did not approve that. I bought him out the joint property 4 years ago in April coming. I just want assurances that I have nothing to worry about as regards them chasing me for his loans. He also hasnt given them his present address details, his post still comes to my property address c/o. Any help would be very appreciated.
Thank you.

Dawn wrote — December 30, 2013 3:02am

Hi again.
Just to add to my last comments / query, I have never acknowledged to the bank or collections liability for these debts. I have always stated they were nothing to do with me and that I would never contribute towards any payments. I did speak to the collections agency when they took the debt on, stating these debts were nothing to do with me and were to clear off my ex’s debts. They simply told me, tough, the bank should have removed my details prior to it being passed over to them, I had already requested the bank did this but they simply refused to. The collections debt said, as your ex has admitted all liability to total amount, then they should have removed my details. ?? Confused what I should do next.

jody wrote — May 30, 2014 6:17am

If a debt is over 6 years old the chances are that it has been sold time and time again to different companies. If you DO acknowledge the debt when they call, tell them you require them to send you a copy of your original signed agreement and you will get back to them. Chances are you won’t hear from them again because they won’t have it.

Gemma wrote — July 4, 2014 12:50pm

I owe a few debts from when I was 18 and I didn’t quite understand overdrafts etc. I took a mobile contract out and O2 was over charging me causing me to go Into an overdraft and unable to get back out of it as I couldn’t afford to pay it. It’s been 5 years and I get the odd letter about owing O2 once every 3/4 month but I’ve never heard anything about owing the money to the bank.
When another year or two passes will O2 and the bank be able to chase me for the debt?
I’m currently at university and I want to wait until I have finished and found a full time job to save up and pay each debt off one by one.
Also with some company’s doing credit checks on employers does this mean I won’t get hired due to the debts I got when I was 18 and not created any debts since?

Richard Wells wrote — July 4, 2014 1:08pm

Hello Gemma,
Thank you for your comments.
If you contact our helpline number on 0800 316 1833 (Mobile calls may be cheaper on 0207 760 8980) or fill in our online form: https://www.payplan.com/debt-help/ they will call you back.
They will be able to fully assess your circ*mstances and discuss the available options with you in your own time.

Please do not hesitate to contact if you require any further information or assistance.
Kind regards,
Rich

barbara clegg wrote — October 17, 2014 1:52pm

my iva has been paid up now for over 5 years 10 years when i went into it am i clear of debt

John Smith wrote — November 16, 2014 10:27pm

I left Scotland approximately 6 years ago with various credit cards and personal loans (unsecured approx total 30k). I made payments (leaving enough for the minimum monthly payments) for about 6 months then stopped altogether. I haven’t contacted them in any way since then and I believe they wrote to me for a time at my old address. I don’t think there was/is any court proceedings. Are these debts extinguished? What happens to my credit file if I decide to return to Scotland in the next few years? Can they still pursue me for these debts? Would I be able to open a basic bank account (wages in, normal cash ATM withdrawals, etc.) and/or would I be eligible for a credit card elsewhere? Not sure if ever will return but would be good to know what awaits me if I did. Thanks.

Nikki wrote — January 15, 2015 9:54am

Hi, i have just recieved a letter from a debt company telling me that they are transferring my debt to another company , i have since contacted this new collector with regards to this as i have no idea what this debt was , the company have told me it is for an old catalogue debt from 2007/2008 which i have no knowledge of , do i need to pay this , i have no recollection of this debt and this recent letter is the 1st i know of it

Rich Wells wrote — January 27, 2015 2:23pm

Hi Nikki
Please contact our helpline who will be able to advise you fully on what to do. Freephone 0800 316 1833 or 0207 760 8980 via a mobile.

Sue wrote — January 19, 2015 2:21pm

We had our house repossessed in Feb 1994 (for being a measly £1,000 in arrears). We were never pursued for what would have been approx £10,000 shortfall following the resale.
Hambro Life (now Zurich) acted as brokers and I know they insisted we had to have PPI. However we haven’t quite dared look into it in case we can still be pursued for either the arrears or shortfall. So my question really is, should we have it investigated, or should we let sleeping dogs lie?

Rich Wells wrote — January 27, 2015 2:21pm

Hi Sue,
It’s best if you contact our helpline who will be able to advise you fully on what to do. Freephone 0800 316 1833 or 0207 760 8980 via a mobile. Cheers

Kim wrote — January 20, 2015 10:24pm

Hi I got a vodafone contract phone about 5years ago and recently iv had letters saying I have to pay it back then igot another one sayin it went to court then another sayin bayliff could come to my house if I don’t pay the full amount could I still phone the court up and make payment plans with them as I won’t be able to afford the £700 they are asking for?

Rich Wells wrote — January 27, 2015 2:20pm

Kim, Please contact our helpline on freephone 0800 316 1833 or 0207 760 8980 via a mobile. We will be able to give you some further advice.

Nicolette hindes wrote — February 5, 2015 9:07pm

Hi I took out a loan in 2007 it went into default in 2009 have £800 still outstanding do I still have to pay it as it has been six years now?

ram wrote — February 23, 2015 8:36pm

i have one default account on my credit report that was Halifax overdraft only £200 in 2010. but now default showing £712. my credit score is good but i am bit tensed about this debt. is this affects my current account in future ? what should i do? any suggestions please.. thank you friends

Rich Wells wrote — March 2, 2015 9:54am

Hello Ram,
To ensure we give the best possible advice, I would advise you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile. We will be able to inform you on the best actions to take.
Hope this helps
Thanks
Rich

lexxus20 wrote — February 26, 2015 5:16pm

Hi I left the UK in 09 with a few debts, if i plan to return can they come after me to repay them, since i left i have had no contact with them, thye were mainly catalogs and 2 credit cards. I would like to know if after 6/7 years my credit will be clear and if they could still come after me for the outstanding debt

lisa wrote — March 16, 2015 9:51pm

Hi I have a few outstanding debts from before 2010 and have had no contact with any debtors they d0 send letters but I have ignored them, due to not working. If I do get in touch with them will they take in to account my partner wage as I’m not working I relay on my tax credit I am paying an old tax credit overpayment now but he doesn’t agree that he should have to pay my debt.

Rich Wells wrote — March 23, 2015 8:36am

Hello Lisa,
I would suggest you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile who will be able to discuss your options.
Thanks

Jessica stringer wrote — March 19, 2015 10:28am

Hi, I have a debt collection agency saying I owe them £174 for Avon. I have checked my credit file and it’s not on my credit file. And I believe it’s from over 5 years ago. They are now saying if I don’t arrange to pay it and I haven’t done so far they have now escalated it for legal assessment which could mean they could go to court for the money. Can they do this even though it’s not even on my credit file? I don’t really remember signing a credit agreement with Avon. But I can’t be certain. It’s just strange that it’s not on my credit file yet they are chasing me for it. Is there anything I can do?
Also my partner has one for has one for orange which is on his credit file for orange and they’ve said the same thing for his and is around the same sort of age. Will they proceed down the CCJ route for £275?
Many thanks

Rich Wells wrote — March 23, 2015 8:38am

Hello,
To ensure we give the best possible advice, I would advise you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile. A trained adviser will be able to give you tailored advice.
Hope this helps

Lisa wrote — April 25, 2015 8:52pm

Hi I have a high interest credit card that I have been refusing to pay because when I spoke to them 4/5 yrs ago to ask for help as I was finding it difficult to pay the monthly payments to which they rudely told me I had to pay what they said and there was no way of freezing the interest for me to catch up, I then ignored all their letters and about 1.5 yrs ago after the company had sold the debt a lot of times received a letter from lovell with a dodgy looking court letter, my point is if they say I have been ccj’d but I don’t believe it’s genuine, how will I no? It’s like a standard letter but the stamp don’t look real?

Joanna wrote — May 1, 2015 9:27pm

Hi,
I have an overdraft debt of £1100. I moved abroad though over a year ago. My ex flatmate which owns the flat I was staying she contacted me to tell me that I got a letter from a collection agency for my debt. She asked me to take care of it as she’s afraid that if I won’t pay it back it will affect her credit score. Is that true?
I called them and we managed to arrange monthly payments of £80 (100€) But is unlikely to be able to pay them as my salary is small and i have to support my family financially. As I said I moved abroad where I’m from and I’m not returning back. What are the consequences if I don’t pay? I know it sounds bad but I’m so stressed and I feel I have no other choice!
Thank you!
Looking forward to your reply!
J

Tracy wrote — May 14, 2015 6:36pm

my husband had run up 28.000 with credit cards log book loans and a bank loan we separate 6 months ago due to his behaviour he has resently skipped the country none of the debt is in my name can any of his creditors come to me for his debt the house we jointly owned has been sold and he has had his share I have purchased another house in my name

Michelle smith wrote — June 14, 2015 5:14pm

Hi in the tax year of 2005/2006 I was told my family tax credit was overpaid and they would carry on taking the arrears in future years whilst I was claiming, this carried on for some years but still owing them money but still carried on paying the arrears until myself and my partner was unable to claim money due to the changes to income our last reward notice was 2011\2012 tax year still having the arrears on there but not able to claim due to income.from 2012 we hadn’t heard nothing from hmrc until we had a letter from a debt collecter saying that they have taken the dept over and wish to take £400 per month to clear the £1500.00 overpayment,my question is can this happen and should I pay if I pay the £400 per month this would leave myself and my partner nothing to live on,without any joy we have know received another letter from another debt collector informing us they have control off the dept,without going into an iva or going into bankruptcy as I have done this before I don’t know where to turn,how can a debt go on for before they can no longer ask for the money…..I need help many thanks Michelle

Rich Wells wrote — June 18, 2015 8:17am

Hello,
To ensure we give the best possible advice, I would advise you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile. A trained adviser will be able to give you tailored advice.
Hope this helps

Belinda Pitts wrote — June 17, 2015 7:33pm

I’ve been on debt management with pay plan for over 5 years now and have a minimum of 5 years left. I have been advised that this debt could possibly be written off. Is this possible?

Rich Wells wrote — June 18, 2015 8:17am

Hello,

You can find more information about our debt solutions here https://www.payplan.com/debt-solutions/ alternativley call our helpline on 0800 316 1833 who will be able to deal with your request.

seraj wrote — June 22, 2015 8:34am

Hi I borrowed money from a banks credit card approximately £12000. I have moved home about 5 and half years ago but have not made contact with them for about 7 years atleast., although they did phone my house but I was living with my parents and my parents by old them I was not living there any longer. Will it be statute barred because I have not been in contact with them even though they have been phoning my dads house and also if it is statute barred will I be able to get a mortgage in future .

Rich Wells wrote — July 2, 2015 7:58am

Hello,
I would advise you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile. A trained adviser will be able to give you tailored advice.
Hope this helps

Dee wrote — July 7, 2015 7:06pm

Hi there today I’ve received a letter from a debt collection agency demanding the sums of £36255:67 for mortgage arrears or the sale of a property i once owned.
The date stated on the letter for these arrears states from 27th of October 2008.
Can anyone advise where I stand and what I should do.
I’m currently unemployed and don’t intend to make any form of payment.
Way I see it, they sold the property cheap at auction, that’s not my fault!
Also had they not authorized myself (when walking into an Halifax branch,) a credit card with a credit limit of £55,000 having already transferred £25,000 into my account and I only went in to pay a cheque!
20 MINS later I’m £55,000 potentially in debt.
Yes, my mortgage was with Halifax.
Anyone? Any advice?

paul edmeaded wrote — July 8, 2015 5:34pm

Hi is have received a letter today from DWP saying I owe them £188.77. When I called them I have been informed that it was a social fund loan dated 7th September 1998 ( yes that is right 17 years ago ). I did say 17 years ago are you serious and got told they are very busy in the social fund loan department. My question is where do I stand as they are looking to make an arrestment on my wages.

Rich Wells wrote — July 14, 2015 7:29am

Hello Paul,

The Department for Work and Pensions (DWP) has 20 years to take action through the courts to recover benefit overpayments. The time starts running from the date of the decision that the overpayment was recoverable. If no decision was made to recover the overpayment, the DWP has five years to take action through the courts. This time limit runs from the date of the decision that an overpayment had been made.
It may always still be possible to recover the overpayment from another benefit you receive as the DWP do not have to go through the courts to do this.
The usual time limit of five years applies to overpayments of Housing Benefit and Council Tax Benefit
If you need further information you should now contact our helpline or PayPlan Scotland

Jon wrote — July 26, 2015 8:06am

Just to clarify my last post- although I did make a payment I never acknowledged that the debt was mine.

Jane Clack wrote — July 27, 2015 7:59am

As before I would advise you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile. A trained adviser will be able to give you tailored advice.

Jeannie newton wrote — July 27, 2015 4:31pm

Hi, I became ill 10 years ago whilst at university, my student loans were consolidated by the bank at the time but I was unable to return to work, I payed £1 a month for ten years, I am now severely disabled and will never work again ( 58yrs old ). The bank has recently sold on the debt, I am no longer paying anything as I have not spoke to the people it was sold to. The debt is no longer on my credit file, I am on a very low income, I know from past experience that the company who have bought the debt will not accept a token payment, I am too ill to cope with the stress now, I am obliged to discuss this with them after such a long time?

Jane Clack wrote — July 28, 2015 1:35pm

Hello Jeannie,

How long ago did you stop paying anything at all?

You are probably aware of the statute of limitations but if you live in England or Wales this does not extinguish the debt but makes it impossible for the creditor or their assignee to try and collect it through court action. The debt will not be on your credit file six years after it was defaulted but the money is still owed. However, you cannot get blood out of a stone and if you have no money then you cannot pay anything mroe than a token payment. However there are other options – if the debt is under £15,000 (going up to £20,000 in October) and you do not own a house or any large assets with a disposable income of less than £50 you could look at a DRO or even bankruptcy to finally get out from under and start again.

I would also advise you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile. A trained adviser will be able to give you tailored advice.

Louise brumfit wrote — July 28, 2015 11:44am

hi I had a IVA 7 years ago! It was all paid clearly in 3 years. However I was recently rejected from a company for a credit card as it says I still have an account with them. When I called them they said I still had an account with £337 due on it. And yet this was included on the IVA? Do I pay it or just leave it? I now luckily have no financial worries x

Jane Clack wrote — July 28, 2015 1:38pm

Contact your supervisor from the IVA – do you still have a copy of the proposals as it should mention them in there. If it was included in the IVA then as you know there is nothing more to pay and they should not have asked you. You certainly do not have to pay it unless they can prove it was not included and you did not inadvertently leave it out. It could also be they have made a mistake. However, I would not pursue trying to get a credit card from them as it is often difficult to get one from a company that was included in an IVA.

stuart emms wrote — July 29, 2015 8:00am

I have just received a letter from Cabquest saying I owe them 13 thousand pounds for an outstanding debt. I lost my home several years ago and I eneded up owing a few creditors. I wasn’t sure what this debt was for and sure that 6 years had passed. I emailed them asking to be specific about this debt. They have told me the debt was defaulted in Nov 2008 and the last payment was made in Oct 2009. That makes this debt 5 years and 9 months old. They also telephoned me prior to the letter explaining where the debt was from and said they wouldn’t send bailiffs but advised I make provisions for payment. I said I dont believe I have to pay anymore and have sent them a letter asking if it is statute barred. I have not received any other correspondence from this company or any other organization regarding this debt previously and it is not registered on my credit file. I have also not agreed or made and payment since the default. I cannot recall paying anything up until Oct 2009. Now that I have corresponded with them, are they now able to pursue me for another 6 years? They said they would contact me again in Aug 2015. May they use the telephone conversation of me admitting the debt as an angle to pursue further? I feel they were trying to put words into my mouth during the conversation even though I told them I thought that I should no longer be liable for the debt and did not agree to pay anything.

Jane Clack wrote — July 29, 2015 9:56am

Hmm. The debt is not statute barred in England and Wales as it is six years from the last payment or acknowledgement in writing so it is still live. It depends on how you wrote the email as to whether this would have started the clock again – did you acknowledge the debt? An email is a form of writing you see.
They cannot use a telephone conversation to say that you have acknowledged the debt but the email could have been.
If you live in Scotland the situation is different.<!–mep-nl–><!–mep-nl–>
Again if you live in England or Wales even then the debt is statute barred but is still there and can follow you around although once it definitely is, then once you tell them this CONC (the FCA handbook) says they should not pursue it further. It is however, very difficult to remember exact dates etc so you have to be very sure and this period is not up until at least October 2015 – so a lot depends on the words used in your email.<!–mep-nl–><!–mep-nl–>
I would also advise you contact our helpline on 0800 316 1833 or 0207 760 8980 via a mobile. A trained adviser will be able to give you tailored advice.

Stuart Emms wrote — July 29, 2015 10:43am

Thank you for the reply,

The first email is as follows
Good morning,
I have received a letter from you regarding a debt I have no idea about. There are no details about the debt, when it was taken out and who with and for what amount. I therefore wish this to be removed from your records as any debts that I did incur were over six years ago prior to me losing my business and my home.

Your info is as follows. Amount owed £13172.98
Reference No. 011*******

Apparently you took over the account from Arrow Global Ltd
Acc No. 00200001********

I have no idea who Arrow Global is either.

After this email I received a reply saying that I will be contacted in writing. This was then followed by a telephone call on my mobile even though I never gave them this number and it is pay as you go.

I then followed up the email after the telephone conversation and attached a template letter regarding statute barred debts. What I wrote was as follows
Good afternoon,
Please find attached a letter regarding your recent letter dated 7th July 2015 and telephone conversation when you called me on 17th July 2015. This debt is over 6 years old and I have not been contacted by anyone or made any payments or entered a written agreement within the last 6 years. As this debt is statute barred I therefore believe I am not liable for this debt and would like you to amend your records and no longer contact me about it.

Kind regards,

Should I no longer going to respond to them and let the next 3 months lapse until it is statute barred?

Jane Clack wrote — July 29, 2015 3:18pm

Right.

You have not acknowledged the debt in words. The first email may have been a fishing exercise but they did respond with dates. Again you did not acknowldege the debt in your reply.
You can try making no response until October this year but do remember they could go for court action in the meantime and then the debt will sit there in perpetuity.

It is still there now and will be after October it is just that they cannot take you to court to collect it. Keep the email where it says you last paid in October 2009 as if the creditor – or their assignee – should take you to court after October, you have the proof when you go to defend and could put in a counter claim for the time and money you have spent arguing this. If they put in a claim before October then they have to prove the debt is not statute barred by showing your last payment was October of 2009.

Hope that helps – I would still advise you to contact us on 0800 316 1833 as a trained adviser may be able to advise on getting rid of all these debts forever.

Lucy wrote — August 6, 2015 11:13pm

I took a credit card when at uni and lost track of payments when I came home. I became in debt with them and phoned to say I could pay back so much a week, not a lot as I was not working at the time. They declined this and as I could not afford more I lost touch with them. I heard from my mum, whos address some demands came to that the debt had been passed around. Even now 10 years later she gets the odd letter now and again. Where do I stand and will this always affect my credit rating?

Jane Clack wrote — August 7, 2015 9:24am

Hello Lucy

They could say they would not accept the offer but they would have had to accept your payment. However, since nothing has happened for a long time the debt would now be statute barred. Basically if you have not made a payment to a debt for over 6 years in England and Wales nor acknowledged the debt in writing and the creditor has not gone for a county court judgment then the debt becomes statute barred which means although it still exists they cannot enforce it through the courts. Once the creditor has issued his default – which could be much later – then the debt disappears from the credit file after six years. Your first thing to do is check your credit file to see whether the debt is there – but please be sure it is over 6 years as this could then potentially flag up your new address.

Have a look at this website page: https://www.payplan.com/advice/law/limitation-act-1980/ and I would advise you to contact us on 0800 316 1833 as a trained adviser will be able to advise further.

reb wrote — September 14, 2015 10:30pm

Hello I owe the bank 10000 and I paid them back 3000 if I cant pay them back what are they doing can they take house or car off me ?? Thanks

Jane Clack wrote — September 21, 2015 6:59pm

Hello Reb

There are procedures they would have to go through to allow anything like this to happen so do not worry.

If they go for a county court judgment then you would be sent a county court claim form which you would fill in accurately and show how much money you have left over to offer them – if nothing, then you can offer £1. This is returned to the creditor within the time frame and they decide whether they will accept it or not. If they do not accept it then it goes to the court for determination and the court decides. You have a right of appeal here via a redetermination if it does not go in your favour. If the repayment amount is agreed and payments made then no bailiffs can visit and seize your car or household assets. However, a CCJ being paid does not preclude the creditor going for a charging order on your house – this does not mean the house would be sold but that when it is then the debt is paid from the house – as long as the monthly agreed payment is made.

I wouls also suggest you contact Payplan on 0800 2802816 or 0207 760 8980 via a mobile. A trained adviser will be able to give you tailored advice.

Tanya wrote — September 25, 2015 9:59pm

Hi i had rent arrears at an old address and was paying occassionally, i had a a partner whose family member said they would pay on there card and i pay them back. We did this and i recieved confirmation from the housing association. A few weeks later i got a call saying the payment company wouldnt accept the payment so i was still in debt. The person who paid had gone out of the country so couldnt contact them to find out if this was indeed the case (and since has seperated from this partner and so have no contact). Upon looking on my credit score info it states that the said ccj has been satisfied. What does this mean as they still call me for payment. Do i still have to pay this debt.

Jane Clack wrote — September 25, 2015 11:50pm

You do not say how long ago you were living at this address but then talk about a CCJ – when was this issued and are you sure it was for this debt? Then you say it is satisfied – who paid it? If it says satisfied then you do not have to pay it as it has been paid so you cannot be chased for that particular debt again – however, you need to be sure it was for the unpaid rent.I would however suggest you contact Payplan on 0800 2802816 as calls are free to this number even from mobiles. A trained adviser will be able to give you tailored advice.

Kerry Hall wrote — October 2, 2015 7:53am

My husband and I had our home repossessed in 2005 due to him being in a car accident and unable to claim on mortgage protection. We had a secured loan at the time, and despite paying all arrears at the first court appearance ( was preffered mortgages that took us to court) mortgage company then pursued for interest, we couldn’t do this as we already paid 6000 in space of two months, ( our mortgage was 550 a month and we’d missed two payments) ) the judge through it out of court the first time but second time over interest, he was forced to repossess. He also ordered preffered mortgages to cover the secured loan and pay welcome finance what we owe.
This has never happened, last year 2014 £ 20,000 debt was added to my husbands credit file by a company we haven’t heard of, and we only had a loan for 10,000 , he has recently been sent a letter from Robinson way saying they now have the debt and want us to make payments, this was ten years ago and should have been paid by the mortgage company. Can they still chase this debt all of a sudden, we’ve moved house twice since, and been on electoral roll, but we have no paperwork. I am disabled and have two disabled kids, and this is adding stress which just doesn’t help many thanks

Jane Clack wrote — October 2, 2015 10:46am

This sounds horrid and very complex.

You say Preferred Mortgages went for repossession and were told to repay Welcome Finance as well by the court. Why? The principal mortgage lender is always paid first, then any secured loan – does this mean Preferred Mortgages was the principal lender and Welcome the secured loan? They would use the sale money to pay themselves first and anything left would go to the secured loan provider. I do not think the court has the leeway to tell them to pay out more than they received – so that meant the secured lender – if this was Welcome – was probably not paid the full amount. Was there equity in your property when it was repossessed and was it enough to pay them both off after repossession and sale costs were deducted?

The statute of limitations on secured debt is slightly different – the period for interest is 6 years and the period to chase capital can be 12. However, members of the Council of Mortgage Lenders have agreed informally to not pursue after 6 years. There is a lot more information that would be needed to really answer this question and this is not really the place.

I would strongly suggest you contact Payplan on 0800 2802816 as calls are free to this number even from mobiles. A trained adviser will be able to give you tailored advice.

Gemma wrote — October 22, 2015 2:06pm

Hi, If a debt is shown on my credit score then is removed once it has served its time, can I still be chased for this once its been removed & can it be put back on my credit score?

Jane Clack wrote — October 22, 2015 4:27pm

You can be chased for an unpaid debt when it disappears from your credit score if you have acknowledged it in writing in the past 6 years or if you have made any payments to it. You will see several comments on this particular circ*mstance in this thread – statute barring it is clled. If the creditor has gone for court action in this period then this will be on your credit file too but also drops off after 6 years. Once the notification falls off then, unless the debt is statute barred as explained above (which it never is once a CCJ has been awarded) it cannot be put on again but they can chase you.

If you want further advice then give Payplan a ring where a trained adviser will be able to talk to you.

Yvonne Johnson wrote — October 23, 2015 6:48pm

Hi I wonder if you can help. I had a loan with Santander for 10k over 10 years ago in Scotland. It was passed to moor croft where the debt went up to 24k who keep trying to phone me, I have been paying them every month for the past 7 years but have never had any letters from them for over a year. Can they still enforce this debt as I do not agree with the last letter they received saying the debt was still 20k that was over a year ago. Thanks.

Jane Clack wrote — October 25, 2015 6:46pm

Hi there. I thought I had answered this before.

You took out the debt in Scotland. After 5 years of non payment, no acknowledgement in writing and the creditor has not gone for legal action, then the debt is extinguished. You can find a factsheet on Liability for Debts on the National Debtline website for Scotland.

You may have borrowed £10,000 but if the repayment was say £250 for five years then you were due to repay £15,000 as interest is front loaded. Late payments cause charges etc. So you probably did owe more when you stopped paying.

You have also been paying Moorcroft for the last 7 years so the limitation clock has not been ticking – each time a payment is made then the five year period starts again in Scotland (in England and Wales the period is 6 years). You do have the right to a breakdown of the figures though so you can write and ask them.

If you telephone Payplan a trained adviser can give your more advice.

See Also

Debt Settlement: Cheapest Way to Get Out of Debt?

Kyle wrote — November 19, 2015 8:18pm

Hello all. I am looking for some advice. When I was 18 I went straight to the bank and got a credit, bad idea on my part. I spent the £500 limit in a matter of days. I was so embarrassed by this I pushed it to the back of my mind and ignored anything to do with it. Three years went by and including interest I was up to £1200. The day finally came when the bank caught up with me and emptied my bank. Mortified by this I rang them and explained I could survive with no money and cut a deal for them to take £600 and leave me the other £600. That happened coming up to 6 years ago this February. I have been thinking over the last couple of month about just biting the bullet and paying this off. The. I came across an article online saying that after 6 years the debt is cleared. Over the last 5 and bit years I have received a number of letters from a couple of companies chasing for the £600. Please could anyone answer my question, if it worth me holding out to February when the six years has passed? What happens then? Will my credit score get any better? My goal is to get my credit rating on track. Should I pay the monies that I owe? Any answers would be extremely appreciated.

Jane Clack wrote — November 24, 2015 7:09pm

Hello – it is true that once six years have passed since the last time you (or any co-owner of the debt) made a payment or you alone have acknowledged the debt in writing then the debt in England and Wales becomes statute barred. This does not mean the debt has gone away but that creditors or their agents cannot enforce the debt through the county court. You have, however, to be very sure that 6 years have passed as sometimes 5 years and 3 months etc can seem like 6 years and once the debt is acknowledged in writing the clock starts ticking down from 6 years again. The debt disappears 6 years after any default or court action has been noted on it – it is unlikely that the debt has not been defaulted if it has been passed to debt collectors/agents. You could check your credit files to see when the default was lodged – unless of course you have moved address and not let the creditor know as they do check credit files and you would also have to provide your current address to do this. If you have moved address they may have issued a county court judgment against you at your last known address. However, you say you “cut a deal” – does this mean you made a full and final settlement?

If you cannot afford to pay this it is a totally different matter but if you can and you owe this money I cannot encourage you to avoid paying it by looking for the statute barred loophole. You need to think about this as if you want to rebuild your credit file then it would be better to pay it even at this late date. If you cannot then you could wait it out – just remember that creditors have been known to go for court action at 5 years and 11 months and once there is a CCJ against you you can pay it off within a month (plus court costs) and it won’t appear on your credit file or if not it will stay there for six years. If you have no other debt this will stand out on your credit file at present.

If you need more advice then contact Payplan on 0800 2802816 where a trained adviser will be able to give you tailored advice.

Sharon wrote — December 17, 2015 4:58pm

Hi I had debts with bank for a loan and credit card for about 1500 and one for o2 phone contract and one more for another company for about 1000 last contact was about 4 years ago. I have since then got married and changed my name if I open a new bank account will they find my address’s and ask for full payment what can I do? Please help

Sharon wrote — December 17, 2015 5:31pm

Just to add I have no ccj on my old name at all so I am very confused.

Jane Clack wrote — December 21, 2015 1:13pm

I have responded to this earlier.

Jane Clack wrote — December 21, 2015 1:12pm

You will probably be asked for all your names and addresses in the past 6 years so this could flag things up for creditors. You can open a basic bank account but they have to check credit files – this is for fraud not to stop you opening an account. Rather than going into a long explanation on the statute of limitations here – although if you last paid 4 years ago it would not apply anyway. I would strongly suggest you contact Payplan on 0800 2802816 as calls are free to this number even from mobiles. A trained adviser will be able to give you tailored advice. I shall send you a factsheet on the statute of limitations to the email address you have supplied.

john wrote — February 5, 2016 9:19am

I left the UK about 16 years ago leaving behind some debts which I did intend too clear but…. One of the credit card debts ended up with Lowell who tried to pursue it against my father who has exactly the same name. I emailed them several times to tell them that they must deal with me and not him and when they acknowledged that he was not me I would respond to their demands. They never responded to emails so I didn’t feel obliged to respond to their letters and all went quiet. Is there an easy way to find out if this is still active? I never acknowledged the debt, it must be nearly 6 years since there was any correspondence. If I was to buy property in the UK might I find them coming after me again?

Jane Clack wrote — February 8, 2016 4:30pm

If you left the UK sixteen years ago then the debts owuld be statute barred unless the creditor had gone for a county court judgment – which they could have done but if your last known address was at your father’s house and he opened the post the chances are you would know! If however, your last correspondence with them was less than 6 years ago then the debt can still be chased. The statute of limitations in England and Wales says that if no payment has been made to a debt for over 6 years and the dbt has now been acknowledged in writing then they cannot pursue you for the debt through the court. This does not mean that debt has gone however and debts can be sold on again and again but after 6 years it is staute barred. So everything depends on the date! Are you still living abroad or are you now back in the UK – I would strongly suggest you contact Payplan on 0800 2802816 as calls are free to this number even from mobiles. A trained adviser will be able to give you tailored advice.

Lauren wrote — February 10, 2016 12:10pm

I have a number of debts from about 7 years ago who still self me letters and pass me on from company to company all trying to scare me into paying them I never reply or answer the phone calls does this mean all these debts should really be leaving me alone now?

Jane Clack wrote — February 16, 2016 2:07pm

This question is asked repeatedly. If you live in England or Wales the debt is technically never written off – however, if you are certain you (or someone else if it were a joint debt) has not paid anything for 6 years or more (not 5 years 11 months say) and have not acknowledged the debt in writing then the creditor – or his agent or assignee – cannot chase it and enforce it through the courts. Some debt purchasers seem to be trying to do this but the law is clear – if no payment has been made to a debt for more than 6 years (take it from the last time a payment was due and you did not pay it) or has been acknowledged in writing then it is statute barred. It is the claimants duty to prove this has not happened if they get as far as court but often when told this, they back off. But remember, theirs is the burden of proof.

carol wrote — March 7, 2016 9:44pm

Hi in 2005 i closed my bank account with tsb then about four years later received a letter from a different company saying that i had had an overdraft with tsb and that they were writing to me to recover the money i told them that i didn’t owe this money as the bank account had been closed so i asked them for proof a month later they had sent all my bank statements and to my horror the account was still open in the mean time tsb sold it to this company and now i am being chased for the debt that i should never have the bank had still been charging for the account witch then made it go over the overdraft and then more charges were added well in the end i emailed ltsb about my concerns within hours they admitted fault and paid me the money back as they admitted liability on this do i still owe the other company the money as they are chasing me for it dont know what to do

Jane Clack wrote — March 9, 2016 9:58am

Write to them and send them a copy of the email from TSB showing that you do not owe the money! You should also let TSB know about this other company.

RHE wrote — March 10, 2016 12:57pm

I have Robinson way trying to collect a credit card debt from when I was 20. They have my mobile phone number and home phone number!! I am now 28, and not heard anything regarding this debt since I was 25/26! Do I contact them to tell them to clear off?!

Jane Clack wrote — March 10, 2016 9:36pm

You only contact them to tell them to clear off if a debt is statute barred! That means that no payment has been made to the debt for six years since the last payment was due to be made and there has been no contact in writing and the creditor has not gone for a county court judgment. You need to be very sure this is the case as otherwise the debt is still live and you would be stopping the six year clock ticking down and make it start again if you contact in writing before. National Debtline provide a useful factsheet on this which I suggest you read. This is the case in England and Wales – in Scotland, most unsecured debts become prescribed after five years of the above.

RHE wrote — March 10, 2016 10:04pm

I have most definitely not made any payments since this debt and I have moved house 3 times and not notified them! I will look into national debt line thank you

Jane Clack wrote — March 11, 2016 9:05am

So if you have moved house three times do check that you have not been issued with a county court judgment as they may have sent the details to a previous address.

Caroline Davies wrote — June 9, 2016 11:20am

My Son was found guilty of Fraud & was ordered to repay the amount in question plus a contribution towards the prosecution costs. This he has duly done however, the prosecution solicitors are now chasing for the difference between the amount the prosecution wanted & the amount the Judge awarded. I was under the impression that the Court made the decision on costs. He has worked very hard to put this all behind him & he is still working hard to pay off debts he incurred after losing his job. This is like a kick in the teeth, he wasn’t guilty in the first place, but we were unable to prove it. But that’s over & done with now, what can we do about this? It seems totally illogical that a Judge makes an order, which is complied with, but because the prosecution don’t like it, they say they want the rest – or else!!

Jane Clack wrote — June 10, 2016 1:47pm

I am afraid we are not legal specialists. It would seem to me that the court orders the amounts but you need to speak to a solicitor about this. You could try the Legal Beagles forum but they will have the same disclaimer.

Karen Pell wrote — June 12, 2016 8:30pm

Hi can you tell me if we can still peruse an ex tenant for rent arrears. He had, via the courts, agreed to pay us a monthly payment towards the outstanding debt. We had a CCJ recorded against him in 2012 when he failed to pay even the first instalment I have been told because we haven’t been in touch with him since recording the CCJ we can’t pursue. However this is only because we didn’t know where he moved to. The reason I’m asking is that we now know where he is living and want to pursue him for the outstanding debt. Can you advise thank you

Jane Clack wrote — June 16, 2016 8:17pm

Hello – you can enforce a CCJ after 6 years by applying to the court. They will want to know why you have not enforced the judgment before but if it was because you did not have the address as the person had moved and you have only now found them again the court is likely to agree that it can be pursued. If you had been able to take acton before and had not then it would be unlikely for the court to agree.
If the client has gone bankrupt however then all debt will have been included in the bankruptcy as this is a class action.

Nikki wrote — July 25, 2016 3:34pm

I had a store card in 2003 and the account was closed by them in 2008 due to none payment. I have never had contact with the creditors since then but have recently received a letter from a company claiming to be solicitors demanding payment of £849. They have also threatened to take this matter to court of contact wasn’t made by a certain date. I’m still not prepared to contact them as this debt is 13 years old.
Have they got any rights to claim this money back after all this time?

Jane Clack wrote — July 25, 2016 5:39pm

Unless they have a county court judgment against you – made to the last known address they had for you – and you have made no payment or acknowedged the debt in writing then it is statute barred. If they take you to court you would make a statute barred defence and they have to prove you have made a payment in the last six years or acknowledged the debt. Write and let them know you will be doing this if they do take you to court and use the template letters from http://www.nationaldebtline.org on the factsheet on Liability for Debts. I am however surprised that they closed an account though – may not have let you buy anything but the account would still be active. Also it does not matter when the creditors issued a default notice it is the date of your last payment or acknowledgement in writing that sets the date!

janine wrote — November 8, 2016 12:04pm

Hi, I have a creditor that took me to court so I have a CCJ order but this was back in 2004 if I stop paying this what would be the outcome

Jane Clack wrote — November 11, 2016 1:11pm

They could go back to court to enforce the debt if they so wished. The debt is still live as there is a CCJ and so it never becomes statute barred.

Ali wrote — December 16, 2016 2:49am

I had a student account at Natwest and I graduated in 2009, left the uk and my overdraft was £1100. Would I to repay it back and if so, how much would I have to pay now?

Jane Clack wrote — January 1, 2017 1:06am

Ok – if the creditor has not gone for a county court judgment – which they can do to your last known address in the UK – the debt would now be what is called statute barred. That means that you still own the money – if you lived in England or Wales – but that as it is over 6 years since you made a payment to it or acknowledged it in writing they cannot chase it through the courts. If they have gone for a CCJ then they could enforce it if they can show the court that the reason they had not enforced it before was that they did not have your address.

james oconnor wrote — January 20, 2017 12:40pm

my mother phoned me on xmas day on pay and go phone which lasted less than 30 seconds now o2 whom i have a contract phone with say i owe them over 63 pounds for a four hour phone call which never happened i tried to pay the bill on tuesday 17 jan and was told it had already been paid by direct debit and i owe nothing, now it seems i owe the money again even though i have the transcipt of the conversation i had with o2 and that they sy it had been paid what are my rights , i am going to citizen advice on monday to see if they can help clear this up

Jane Clack wrote — January 21, 2017 5:36pm

I think that would be a good idea as there are mixed messages here and you are also saying your call lasted less than 30 seconds!

Sue Willers wrote — January 28, 2017 10:47am

Hiya, in 2009/2010 I claimed on insurance with the Nat West for a loan and an over draft , the bank paid the loan but only after endless phone calls and proof of illness , in fact I gave all the details of my illness to them , they turned round and told me they won’t pay the insurance on the overdraft as it Was “variable ” even though they took the premiums for it from my account at the time , I am still receiving letters every 6 months saying I owe the £7.500 , I’m 67 yrs old and still very ill and too frightened to contact them as its so upsetting , I even have a letter from saying I can claim £900 for their bad treatment of me ! What should I do ? I contacted the Ombudsman but have had no response from them just a letter saying they’ll get back to me as they’re inundated with complaints from banks

Jane Clack wrote — January 29, 2017 2:52pm

Did the insurance you took out actually cover the overdraft or hust the loan. I ask that as it is unusual to see that – however, if that is the case and you have made the complaint to the bank and have had their response the best thing is to do is to wait for the Ombudsman. However, you should also write to the bank with your complaint (although you may have done so before you went to the Ombudsman as that is the way to do it) pointing out the fact that you are vulnerable as you are still unwell, elderly and not able to pay this. The Financial Conduct Authority takes a very dim view of creditors who do not treat people fairly especially those who are more vulnerable than others. If you want to add anything further just email me jane.clack@payplan.com

John Doh wrote — March 6, 2017 9:57pm

Hi, I took out a loan of 25k and upto 6 credit cards in 2006/7 and was making payments on time until in 2008 when unfortunately got tangled up in a criminal case, ended up getting a 10 year prison sentence.
After completing 5 years I got out which was at the end of 2013, since release I’ve been living at various addresses but now back at the original address. Throughout the years in prison I’ve been moved around up and down the country and on some occasions the odd letter or two has been following me around but I’ve never wrote back to them.
I’ve recently been able to obtain bank accounts and a number of credit cards and nothing seems to be on my Clearscore credit file, does this mean I’m in the clear so to speak? Or if I apply for credit from one of the previous banks, they’ll bring up old scars?
I’ve also landed with a confiscation order of 450k to do with the criminal case I was convicted for which a lovely judge (confiscation judge, not actual trial one) let be on hold as in I only need to pay it if and when I gain access to vast sums of money, legally of course, if that’s relevant at all.

Jane Clack wrote — March 7, 2017 3:49pm

Unless the creditors went for legal action ie a county court judgment then after this period of time, the debts are statute barred if you have paid nothing to them nor acknowledged them in writing. This does not mean they have gone just that the creditors can no longer take legal action to get them back. However, if they did go for legal action – which may well now have disappeared from your credit reports anyway as they sit there for 6 years – then the debts are not statute barred. If they wished to enforce them they would have to go to court to do this and they would be asked why they had done nothing before. If they could explain that they could not find you at your last known address then they could file for enforcement action which could include bailiff action, attachment of earnings, third party debt orders, and charging orders if you own a property.

I am sorry I cannot tell you the debts have definitively disappeared. However, if you have got more credit it would seem to me that they may have gone.

Su wrote — April 27, 2017 2:08pm

Hi
I have a personal debt (over 30k), the creditor took me to court and I had to show my earnings and expenses. No decisions were made on the day and the creditors said they would get back to me regarding payment. It’s been nearly 4 years and I haven’t heard from them. I haven’t had to pay anything towards clearing the debt. Can this become ‘Statue Barred’? If not do you know what my best options are as I cannot afford to pay the debt but knowing that it is still there is really affecting my life.

Jane Clack wrote — April 28, 2017 7:43am

If you have a CCJ then the debt is never statute barred. Check your credit file as if it were 4 years ago there should be something on your credit report. Although it falls off after 6 years the creditor can go back to court to try and enforce the debt but would have to explain why they had not done so in the interim. If you have not changed address then it seems odd they have not been in touch re a repayment plan but that does not mean they will not.

You may not be able to afford to pay the debt now but is this because you are paying other debts or just simply that you have no income to do so. If you do have multiple debts I would suggest giving Payplan a ring to see if they can advise.

Su wrote — April 28, 2017 12:23pm

Hi Jane,
Thanks for your response. I’ve just checked my credit report and I have an excellent rating of 982. There are no CCJs or listed debts. At court there wasn’t a decision made about payment so not sure if this has anything to do with it.

I do not have any other debts but due to low earnings I cannot afford to pay much towards this debt.

clair wrote — June 14, 2017 1:08pm

Hi i have 2 closed accounts on my credit report from 2010 from arrow global one november 2010 and december 2010 and still on there now how do i get them to remove as its been nearly 7 years ive made no contact within that time please help me

Jane Clack wrote — June 15, 2017 5:50pm

Only the creditor can remove things from your credit file so you could contact them to ask why they have not gone but then of course that alerts them to your new address. However, if you – and it is not a joint debt with someone else – have paid nothing towards the debt for the last six years, nor acknowledged it in writing and the creditor or their agent has not got a county court judgment then the debt is statute barred. In England and Wales this does not mean the debt has disappeared but that the creditor no longer has recourse to the court to reclaim the money. It does seem odd though that it is still on the file so perhaps you could contact the credit agency and ask why it is still there.

Brian.breen wrote — June 23, 2017 9:00pm

Hello,
Can you please advise me on the following.
I took a Loan out with the NatWest 8 years ago, I wrote to the bank and ask them for a copy of the loan agreement. They wrote back to me to inform me they had lost all my details, folder, loan agreement, etc, however I must continue to pay my monthly instalments. Can you tell me where I stand legally with the NatWest.

Jane Clack wrote — June 27, 2017 9:59am

It depends when you last paid the debt or acknowledged it in writing as debts become statute barred in England and Wales if you have made no payment towards it or acknowledged it in writing for 6 years and the creditor does not already have a county court judgment against you for it.
You could decide not to pay and then if they took you to court they would have to provide the loan agreement etc – they can provide a reconstituted agreement though.

Antonia wrote — August 7, 2017 10:58pm

I borrowed £2500 off welcome finance in 2007 and they wanted £17000 with their rates. I then found out about ppi and they took off about £3k and the total they want is £14,500. I last made a payment in July 2008 because I split with my gf and I had to move away from home. And I have made no contact what so ever to welcome fiance. But they send letters to my mums house where I lived when I took out the loan. So it’s been 8 years now since I had any contact or made a payment with them. What are my options and do I have to pay their shocking loan back. I’m so stressed and can not sleep at night most nights. I’ve checked my credit report a few times and nothing is on there.
Please can you help me out. It would mean a lot.

Jane Doe wrote — November 27, 2017 9:58am

I moved house in 1998. I remembered most of the address changes but a catalogue was forgotten. It was a £35 outstanding bill and when this eventually caught up at the new address they’d been sending letters every week with massive admin charges every time. It was around 2000 when I got a bill for £890. I made an arrangement with the debt collection company and started paying £5 a fortnight( single mother of 3 at uni and working.. I had no money ) I moved again a couple of times and continued paying the fortnightly payments. I ended up cancelling the payments for a while as money was too tight but continued when and if I could manage it. The last payment I made was in 2012 and the bill is still over £400 with a new debt collection company. I expect it’ll be up again no doubt by the time they write again. What do I do? It seems so unfair? I’ve paid about £260 so far.

Jane Clack wrote — November 29, 2017 1:35pm

I would write to them and explain the difficulties and that you have not been able to pay anything since 2012 – as you were paying up to that date the debt is still live. Debts become statute barred 6 years after the date of the last payment or acknowledgement in writing if they have not gone for a court judgment. You have paid back well over the original debt and if they want to take court action they will have to prove you owe all this. Once 6 years are past without any of this then they cannot go for court action. I do not know what your monetary position is at present but you have a right to ask for the breakdown of charges and they do have to be realistic. You can either sit tight for the 6 year period or ask for a breakdown of all costs -National Debtline have a factsheet on things like this https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx
and see if you can get this written off.

Janice wrote — January 23, 2018 3:34am

Back in 2010 I had a stroke and was no longer able to work. I contacted Payplan, who helped me to arrange payments of £1.00 to all the companies that I owed, I have been making these payments and have not missed any over the past 7 years. My circ*mstances have not changed I am still living on a small works pension and my disability allowance. I am if I live to be 200 I will still never repay the debt at £1.00 per month and I really can’t afford to pay anymore, but I am finding this situation very depressing and was wondering is there a way for these debts to be written off.

Jane Clack wrote — January 23, 2018 2:44pm

It is certainly a possibility – do you own your own property though? If you like I can email to see if we can help looking at write offs. My email is jane.clack@payplan.com

Kenneth Morris wrote — March 15, 2018 12:57pm

In 2004 I changed energy suppliers. In November 2017 I paid my energy bill electronically but I inadvertently paid my previous supplier. When I contacted them to ask them to reimburse my payment I was told that there was £79 owing on my account since 2004.
I was told that the debt had been “written off” and passed to a collection agency. I informed the operator that this was the first I had heard of the debt and had not received any contact from the agency or the company. I was reimbursed the total amount I had mistakenly paid.
I have since been pursued by the power company for payment and have been threatened with the debt being passed to a collection agency.
Is the company acting lawfully?

Jane Clack wrote — March 15, 2018 8:29pm

If £79 had been owing on your account since 2004 and they had not chased it or mentioned it on bills then it is statute barred and you should let the power company know this. You paid your bills on time and this had never been raised before. You were refunded the money and the company had told you that it had been “written off” and passed to a collection agency – you did everything right. I would suggest you ask the power company for their complaints procedure as you will be making a formal complaint re the distress caused by this and will be passing this on to OFgem if they do not stop chasing you after what has been done.

alex harrison wrote — June 19, 2018 7:43am

I have around 2000 Euro debt with ING Bank Netherlands from 2014. I called them to try and arrange payment but they told me that the debt had been sold to a third-party in May 2015. However I have never been contacted by this debt collection company, and it has been over 3 years. Is this strange?

Jane Clack wrote — July 4, 2018 6:01pm

Are you living in England now? Certainly if you are this might be the reason but they could sell on to another third party here in the UK and then try and chase. If you are not in the Netherlands then I should wait until and if they do.

rubes wrote — July 25, 2018 12:30am

i left uk 7 years ago, i had some debt, i,ve been in usa since so had no contact with any creditors,they send letters to my last uk address and the owner just sends them back or has ignored them..recently after nearly 7 years there is a letter from court threatening bailiffs at this pensioners house whih is my last uk address,can they do this after this long..is any debt now unenforceable now..

Jane Clack wrote — July 26, 2018 11:19am

This means the creditor has applied to the court for a county court judgment at your last known address. They may have applied within the 6 year period they are allowed which is perfectly legitimate. However, you will not be on the electoral roll at this address and your landlord can explain that you do not live there and moved on 6 years ago – county court bailiffs are not aggressive people so if he calls them and lets them know they should let the court know. They are paid to do a job and if the creditor has carried out his legal obligations then it should end there – however, if they did get the CCJ within the prescribed period the debt will never become statute barred. This may not be a problem if you are remaining in the USA but if you return to the UK then they could ask for it to be enforced then as they were not able to enforce it before as they did not know where you were.

Katherine Carterson wrote — August 19, 2018 11:25am

Hello, somewhat complicated case. January 2008 was the last time I received communication from Natwest regarding a debt. The debt was following their refusal to pay PPI following redundancy from a contract role. I was however making monthly payments to them since 2001 and last year, I contacted the debt management company handling the debt to ask for a balance. I was somewhat surprised to learn that the payments I had been making since 2001 were not for Natwest but for M&S Bank. I did have a debt with M&S Bank (again, due to non payment of PPI although that account has now been settled). I immediately contacted Natwest asking for clarification. They said that the last time they sent me a letter was January 2008 – I never received this. They also said they had hired 3 other debt management companies who also sent me letters – I never received those letters either. The address I was staying at when those particular letters were sent via those 3 different debt management companies was my sisters address and she did not receive anything for me and I sent up mail redirect once I had moved into my own home and never received anything from them either. I asked Natwest last year why they had not written to me since January 2008 despite the fact I had sent them letters over the years with change of address details (sent 1st class ‘signed for’ mail). Their response was that they can see that I did keep in touch with them over the years via letter confirming any change of address and confirmed that they had no explanation as to why they didn’t write to me at my new address (I have moved 3 times since their January 2008 letter). I wrote back to them asking whether the debt was statute barred- they said it wasn’t and have now referred the remaining balance to a debt management company. (The debt is around £2k). Setting aside the confusion regarding the payments and the PPI side of things, they have essentially penalised me further by transferring the debt to a new debt management company which will impact my credit rating despite the fact that I have always kept them informed with change of address details. At any time, they could have written to me regarding the debt but didn’t. I’m not entirely sure what to do next. At no point have I said to them that I won’t pay it (bearing in mind I thought I was although it turned out to be for M&S Bank). But for them to penalise me further by transferring it to a debt management company when the mistake is at their end because they didn’t keep in touch with me despite my letters confirming my change of address is harsh. Any advice would be most welcome. Thank you.

Jane Clack wrote — August 21, 2018 10:50am

If the debt had not been acknowledged for 6 years since the last payment was due then the debt would be statute barred as nothing had been paid but in fact, by sending them the change of addresses each time you were in fact acknowledging it.When was the last time you told them of a change of address? If it was over 6 years old then the debt is statute barred as they did not take action in the interim. If they were to take you to court they would have to prove that you had contacted them in this period. After the statute barred period comes into play then they are not able to resurrect it so it all depends on the last time you informed them. Speak to your debt management company to find out why payments were going to M&S rather than Natwest – although you have confirmed you did owe M&S too.

Allan West wrote — October 5, 2018 4:37pm

Point One: If a debt is statute barred after six years (providing you have not paid or admitted to owning the debt, etc) it means that you CANNOT be “legally pursued” for the debt. Your statement that a creditor, etc “can bother you with as many letters, emails, texts or calls as they like until the debt is paid in full” is UTTER CODSWALLOP! That’s what Criminal Harassment is!!!
Point Two: If such a debt CANNOT LEGALLY BE pursued after 6 years (Statute of Limitation) period, then any attempts to enforce that debt MUST be ILLEGAL and UNLAWFUL. If it were otherwise, or any sort of a “grey area” then Protection Against Harassment law would not exist. Only cowboy DCAs try to chase statute barred debts, and they can be stopped and taken out of business.
As a former police officer, I suggest this site STOPS siding with criminal DCAs by saying that they can do so. You are giving false, confusing and contradictory advice to people who deserve much better!

rebecca henry wrote — October 12, 2018 4:14pm

I have checked my credit report for this debt I am being chased for and it is not on there. In fact, I think it is 10 years old. The debt has been given to a collection agency who calls and calls until I blocked them. I answered twice before I blocked and they wanted all my information – social security, address etc. I did not give it to them and told them I do not owe this anymore. Last phone call I asked how old the debt is. She would not tell me anything until I confirmed my S.S. and address. I would not. For a debt in Florida over 7 years old can a collection agency (Convergent) keep calling and sending letters. I have no intention of paying this.

Jane Clack wrote — October 16, 2018 9:07am

I am sorry but this site is for problem debt in the United Kingdom so we are unable to answer this.

declan heaney wrote — January 17, 2019 2:01am

hi my house was repossessed and sold for less than i owed them bout 9 yrs ago. i have not heard anything since from the mortgage company or any debt collectors looking for money. im from n ireland. where do i stand and is there an amount of time they can chase me for the money.

Jane Clack wrote — January 18, 2019 9:15am

In the United Kingdom the rules are that unsecured debts become statute barred ie not enforceable after 6 years from when payment has become due if it is has not been acknowledged in writing, had any money paid towards it and they creditor has not gone for legal action. However, with debts secured on property/land the statute of limitations is for 12 years. When the property was sold the money raised goes first towards the interest and when that is paid towards the capital. If any money is still outstanding on the capital then that remains live for 12 years although the Council of Mortgage Lenders do have an unofficial agreement that they will not chase after 6.

Stardust wrote — February 26, 2019 9:28pm

I’ve recently been harassed by a debt recovery company, they found me via search squad. The debt is £1800 from 19 years ago! I have never in my life owed that amount, I can remember having a credit card 19 years ago, with a £200 limit, which I didn’t pay. However, the company they are chasing me in regards to I have no recollection of. I contacted the debt collection agency telling them that I’ve never heard of this credit card company, and I have never had such a debt, and I haven’t. It looks like they are now threatening me with bailiffs. Can they legally do that? It’s 19 years old, and I don’t owe such money.

Jane Clack wrote — February 27, 2019 1:33pm

First of all if you have not made any payment to a debt for this period of time and the creditor did not go for court action then the statute of limitations kicks in – this says if no payment made, no acknowledgement in writing and no court action taken for 6 years after default (recent case in court about this) then the debt is statute barred. Have a look at the National Debtline Factsheet on this at https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx It is Factsheet 25. I hope this helps.

Tom Hope wrote — March 10, 2019 2:32am

I took my Limited Company employer to court and won £17K. The sole director was granted an appeal and whilst I was waiting for this, the sneak only went and dissolved his company. So I’m now owed cash by a company that doesn’t in law doesn’t exist, even though it continues to be run by the same guy but just under another name. I was told recently that I should try to have the debt transferred from the company to the guy in charge (he was after all the sole director, company Secretary and my dismissor). Don’t know if that is possible but since this debt is now seven years old, I guess it’s not possible to pursue it anyway?

Jane Clack wrote — March 14, 2019 1:14pm

I am sorry but we are unable to help with this as we are here to help people with debt issues – and I know you are owed this money so it is the flip side. I would suggest you seek advice from your local Citizens Advice or speak to a solicitor.

Michelle wrote — July 15, 2019 6:51pm

I have received a phone call from an acquisition firm stating that they have purchased a credit card debt that appears to be in my name. The only info I could get was that it shows the last payment in October of 2001. They said it was a charge off and that they wanted me to agree it was my bill and pay or at least make arrangements to pay. The man mentioned taking me to court and I asked for proof showing this was a debt in my name and all he would tell me was my name, social and an address I have never lived at. I am not sure what to do with this. Please give me some advice on what I need to do.

Jane Clack wrote — July 17, 2019 8:42am

Hello
This site is for people with debt in the UK. Can you confirm if that is where you are living and where the debts are because the laws on the length of time a debt can be pursued are different in different countries even between England and Scotland. I do not understand the expression charge off you see.

Mike wrote — September 14, 2019 8:53pm

Hi everyone and sorry for my english. I left Uk in 2006 after 3 years of stay. Before leaving I did not inform my bank of my new adrees in Greece but I updated my new greek addess with their credit card department. I did not close the bank account. (my fault) I had overdraft but I was sure that my account balance the time I left was zero. For 13 years I had no communication with the bank. They only sent me once a new credit card in 2009 expiring in 2012 (never used it) and ever since nothing.Today I received an email from the bank saying that I have incurred fees in my account.I phoned them but they could not tell me the 2006 balance because they could access only the last 6 years and they said that the dept is 1500 BP because of overdraft. The last 6 years there were no transactions.. They advised me to write a letter to the head office. I started to write the letter stating that why they didn’t mail me about the debt and they had to wait 13 !!!! years to do so…..I dont know if they sent any letters to my old UK address but since they saw that the bank account was inactive they should contact me since they had atleast my email. I wrote that I am willing to pay the amount of money overdrawn until the time I left UK (if there is any) and that I am not willin to pay any interest. Should I send the letter or just ignore them? Will I have any issues if I visit UK? Thanks in advance

Mike wrote — October 4, 2019 7:54pm

Thank you for your reply.I wrote a letter and asked to send me all the statements since I left UK (2005),I also mentioned the fact that they did not inform me about my debt for 14 years. Can I use ”Limitations Act of 1980” in the following letter or just ignore them?