Statute barred debt: A step-by-step guide

posted by in Living with debt

What counts as credit?

Can Statute Barred debt be written off?

We never encourage people to avoid paying their debts. You won’t hear us making false claims about “getting your debts written off”. That’s what daytime TV advert breaks are for.

We’re here to give the expert debt help and practical solutions people need to get back in control of their finances.

That being said, we’re here for you. And as my old school teacher use to say (a lot), “knowledge is power”. I want you to be armed with everything you need to get debt free and stay there. That’s why I want you to know about statute barred debt.

Update: Read more about statute barred debt on our website.

What is statute barred debt?

Statute barred debt refers to a debt that’s not enforceable because the time a creditor has to chase payment has passed. This is outlined under the Limitation Act 1980.

The act is not a way for people to avoid paying debts. If your debt is not statute barred there’s no way to use the Limitations Act to avoid paying it. But non-enforceable debts are sometimes pursued by debt collection companies when they shouldn’t be, so it helps to know where you stand.

How long can a creditor chase a debt for?

Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ.

For Scottish debts the rules are different as statute barred debts cease to exist (and creditors aren’t allowed to ask you for payment) after five years, unless the court has issued a Decree before the five year limitation period.

The Limitation Act doesn’t apply to debts owed to the Crown such as income tax. Because the act prevents court action, some debts such as benefits overpayments and Council Tax sometimes use different collection methods that don’t involve the court, which means the debt can be collected even after six years have passed.

When can the Limitations Act 1980 be used?

The act states that when ALL of the following conditions are met a debt cannot be enforced:

  • The creditor has not registered a County Court judgment (CCJ) against you
  • You (or with joint debts, you and the other person) have not made a payment in the last six or twelve years
  • You have not admitted the debt in writing in the last six or twelve years

What does ‘not enforceable’ actually mean?

If a debt is statute barred it isn’t ‘written off’ and it doesn’t disappear. If a debt is not enforceable it means that if a creditor tries to take you to court, you’ll be able to defend the case and you won’t get a CCJ. Creditors aren’t allowed to keep chasing a debt that is statute barred if they haven’t been in touch with you at all during the six year limitation period, but they can keep asking you for payments if they’ve been in regular contact. If you’ve changed address without telling the creditor or not opened the letters, this doesn’t mean that creditors haven’t tried to contact you.

Some creditors, such as the DWP (Department for Work and Pensions), have legal powers which allow them to take money from wages or benefits without going to court. They can still do this even if the limitation period has passed.

What to do if you think your debt is statute barred

The thing with a statute barred debt is that the burden of proof is with the creditor to prove you do have to pay it, not for you to prove you don’t. If a creditor has contacted you and you definitely know the debt is statute barred you should write to the creditor to tell them.

Template letter for statute barred debt

Here is the statute barred template letter (PDF) you can send. just add your name, address and the creditor’s details at the top. It doesn’t have to be exactly the same as this if you’d prefer to write your own.

Here’s what to do if you think your debt is statute barred:

  1. First of all you should get a copy of your credit file. You can do this for free at Noddle
  2. Write to the creditor contacting you (using the template letter above). Send the letter recorded delivery from the Post Office so you can prove they received it
  3. Be aware that if the full six or twelve year period has not passed, if you make a payment the limitations period would start again from that point
  4. If they continue to chase you without sending proof complain to the Financial Ombudsman who will take up your complaint. Don’t go to the Ombudsman first as they’ll bounce back your complaint
  5. If they do send proof and you’re liable don’t feel pressured to pay more than you can afford. Use our confidential online debt advice tool, for a free budget assessment and personal action plan explaining exactly how to deal with your debts

Of course just because a debt is statute barred, it doesn’t mean you can’t pay it off. If you know you owe the money you may want to pay it back. As they’re non-priority debts creditors are only entitled to payments you can manage and we can help you work out the quickest way to pay the debt back.

We get lots of comments on this post, so if your question hasn’t already been answered in the article, have a read through some of the many questions we’ve answered for other people.

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Tags Living with debt
  • mike watterson

    I agreed a deal with a Sporting body (The World Professional Billiards and Snooker Association) in 1986 September. I fulfilled my part of the bargain immediately. I received written confirmation of the deal from the association, but they never made the payment of £5,000 which was their part of the deal. I have repeatedly asked them over the years to honour their payment without any success. I was unable to sue them because I was a playing member of that association, and would have been thrown out. I was told by them recently that the S.of Limitations says that they no longer owe the debt. What can I do ?.

    • moneyaware

      Hi Mike,

      The Limitations Act, as described in the article means that no further action can be taken to try and recover certain types of debts after a period of 6 years or more. In your case, it’s difficult to offer an answer as there may be other factors involved and our advice in this area is limited.

      If the debt does fall under the Limitations Act, then it may not be possible for you to take any further action to recover the debt.

      Kind regards

      Rory

      • mike watterson

        Thank you for your reply.
        The problem would need to be explained to you in detail, and would take 30 minutes for you to understand fully as the detail is all important. I paid for and was expecting a telephone call, which sadly I have not received. There is fine detail involved, as I was the person that built Snooker from nothing in the late `70s and early `80s, and have been kicked in the teeth ever since. That is a matter of history. You can look me up on Google.

      • moneyaware

        Hi Mike,

        With any answers we give, these are based on what information is provided to us in your question. Our advice on the legalities of debts or disputing an amount owed is also limited, so you may need further legal advice in your situation, which is beyond the advice we can give.

        Kind regards

        Rory

  • Darren

    Hi there
    Back in 2007 i had taken a loan out with a company to help pay for few things moving into new home, i made the first few repayments and then lost my job i sent a letter and contacted them regarding this. And was told that when i get back into work to start making payments again, however i since havent paid any of the loan back as i completely forgot about this only for me to check my credit file and see it on there. What happens now what can i do as i dont recall on receiving letters for at least 6 or 7 years regarding the debt?
    Is there anything i can do to have it removed from my credit file ?? Would i need contact them to arrange payments.. thanks

    • moneyaware

      Hi Darren,

      It may be that this debt is statute barred. The above article should give you the information you need to check this.

      The timescale for a debt becoming statute barred isn’t related to information held on your credit file, so it’s possible that a debt may be statute barred but information still exists for the account on your credit file.

      However, it may be worth making sure any information on your credit file is accurate. If dates are incorrect or information is wrong then you could contact the credit reference agency and ask them to correct it.

      If the information on your credit file is accurate and the dates are correct then it’s likely to be very hard to remove it other than waiting for it to drop off. Information on your credit history usually lasts for a maximum for six years, so it might be that it’s due to go away soon anyway.

      Kind regards

      James

  • Jo Hamlett

    My husband has had a letter from AIC on behalf of Arrow Global claiming he owes £900 plus. We have very good reason to believe this is over six years old so I have sent the statute barred letter. However this also doesn’t appear on his credit file. If they are able to request payment of this debt should it also appear on his credit file?

    • Becca Drury

      Hello

      Thanks for your message. This company appears to be a debt collection company. You can read more about debt collections here: https://www.stepchange.org/debt-info/debt-collection/debt-passed-to-a-collection-agency.aspx

      Don’t ignore there letters as they may take further action. We would advise getting in touch with them to find out where the debt originated from and how old it is, and see if you can arrange a payment plan with them if the debt is not statute barred.

      If you are liable for the debt, and are unable to pay you can complete our online debt remedy tool to see if there is a solution that might be suitable for your circumstances: https://www.stepchange.org/Debtremedy.aspx

      Thanks

      Becca

    • moneyaware

      Hi Jo,

      Thanks for posting.

      Most things appear on your credit file for six years before ‘dropping off’. This doesn’t mean you no longer owe the debt though so creditors are still able to ask for payment.

      I hope this helps,

      Jen

  • Maria

    Hi

    My situation is a bit different because it does not involve a company. Essentially a person I lived with for a short while in March 2006 is chasing me for half of the rent that was paid on the tenancy in 2006/07. He paid 12 months rent up from together with the deposit when we took out the tenancy agreement as I could not afford too. He never suggested at the time that I would need to repay anything to him at any time. The relationship didnt last and I moved out after about 6 weeks. He has never been in touch with me about this, not once until Saturday and now he is asking if I am in a position to repay him the 6 months rent that I promised to all those years ago. I am not sure if I need to go to a solicitor now or wait for him to send me the solicitors letter he is promising.

    I never agreed to repay him anything, he didnt ask. Do you think this fits into the 6 year rule?

    FYI he was in touch with me last year but didnt mention this and that didnt end well, he is not a very nice person.

    • Becca Drury

      Hello Maria

      Thanks for your message. We’d recommend that you get in touch with Citizen’s Advice about this particular situation: https://www.citizensadvice.org.uk/ to discuss your legal position.

      It’s unclear whether the money he is saying you owe him would be enforceable through the courts.

      What he’s describing sounds like an oral agreement between the two of you, and without a written agreement between you both regarding the rent, it may be difficult for him to pursue you.

      I hope this helps.

      Becca

    • moneyaware

      Hi Maria,

      Thanks for posting.

      If the person contacted you last year, then assuming no payment or written acknowledgement of the debt was made before that, the period 2006/7 to 2016 includes more than six years. This means the debt could be statute barred.

      Even if you had made an agreement to
      pay him, this would be a simple contract so it would come under section 5 of the Limitations Act 1980 and
      would have a six year limitation period. Again, assuming it met the criteria above it’s likely to be statute barred.

      Technically the six years for the limitations period to start doesn’t begin until the debt is due to be repaid. So the person could claim that you agreed to pay them back in 2011 for example, at which point this would be the start of the six years. However, it’d be up to him to provide evidence of this agreement.

      I hope this helps.

      Kind regards,

      Jen

  • Jane

    Hi
    I have received a letter from DWP stating I owe £300 from 2009. They state they have sent me letters from 2010 and a debt recovery agent has attended my address…..these have never happened. Will a statue barred letter help in this situation.

    Thanks

    • moneyaware

      Hi Jane,

      Thanks for getting in touch.

      If you believe the debt is statute barred you can use the letter to write to the creditor to let them know. If the debt is statute barred it means the creditor can’t use court action to enforce it.

      However, it’s important to note that some creditors have extra powers available to help them reclaim a debt – that don’t involve court action.

      The DWP (Department for Work and Pensions) is one of these creditors. They have legal powers which allow them to take money from wages or benefits without going to court. They can still do this even if the limitation period has passed.

      Kind regards,

      Jen

  • Tom Thompson

    Hi,
    I lost my job in 2010 and was unemployed for 19 months. In that time, I did not make payment to a personal loan with a lender. When I eventually went back to work, and up till now, my priority had been paying off my mortgage arrears (12000 when I started paying it off) utilities and council tax arrears. Other debt, including the coop debt were not paid at all as I couldn’t afford them.

    Last week, I received a letter from the lender, threathning legal action. The last payment on the loan was in July 2010. I have now gone to register with noddle, as you suggested, and noticed that in May and June 2013, my credit report shows this accout as OK. I think this is a ploy to reset the statute barred limitation. As you can see, no payment was made. Could this affect my statute barred defence? I am still sorting out my mortgage arreas.

    https://uploads.disquscdn.com/images/1a8d5db104bfc8fc9931112e7823008bf3acbe26ddd501e50abfa8f2ccc3c8fa.png

    • Tom Thompson

      Hi guys,

      Any advice on this will be helpful.

      Tom

      • moneyaware

        Hello Tom,

        Thanks for getting in touch. Sorry to hear the issues you’re having with your credit report.

        We would recommend contacting the company that provided this report to check to see if it is accurate. It would be very unusual for a creditor to try to reset a statute barred limitation, if you do not recall making payments on these dates (your balance seems to reflect that you didn’t) then it may be a mistake in the report that will need to be corrected.

        I hope this helps and you get the issue resolved, if we can help you with anything else please get in touch.

        Thank you

        Becca

  • RichM

    Hi,

    I have just received a call from debt collector chasing a debt from 2006. I last had contact with the creditor in 2007. Since then the creditor Welcome Finance has been put into default by the FSCS. I have had no contact with this company or any of its representatives or agencies since 2007 and the loan was subsequently removed from my credit file. Am i able to use the letter template to stop these attempts at collection even if the company is no longer operating?

    • moneyaware

      Hello Rich

      Thanks for your message.

      It sounds like your old debt with Welcome Finance has been sold your debt onto to a debt collection agency and that is why you are now receiving new communications after such a long time. However, based on the information you have provided it sounds as though the debt may be statute barred as it is older than 6 years, you can read more about statute barred debts here: https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      Statute Barred debts can still be pursued, however they are no longer enforceable by the courts and debt collection agencies have limited powers to pursue the debt. You can use the template letter to point out your position and get confirmation. It will then be down to the debt collector to provide proof the debt isn’t statute barred.

      I hope this answers your question fully please let us know if you have any further questions.

      Becca

  • Zoe

    hi,

    i have just checked my credit file and have had a CCJ appear on there which has been in force since 2014. This relates to a loan I had back in 2006 but have not had any contact with the creditor since 2007, i assumed this had been written off until i checked my credit file yesterday.

    I work for a financial institution and was approved for a mortgage in 2015, this CCJ has not shown up at all despite it being applied in 2014. I have spoken to the court who have advised the debt was sold to a collection company who instructed the CCJ, they claim to have tried to contact me but were sending letters to an address which i have never lived at, I am not a difficult person to find I have credit all they had to do was a credit search and they could’ve got my recent address.

    I feel this is very unfair as I did not have a chance to defend myself and the debt has also tripled in value which is ridiculous.

    How can i get this CCJ removed as this will affect my mortgage etc?

    Thanks in advance,

    • moneyaware

      Hi Zoe,

      If the debt was statute barred at the time that the CCJ was granted, this would be a suitable reason for having a CCJ set aside/removed.

      You’d need to check the criteria mentioned in the article to see whether the debt was already statute-barred, and if you’re sure this is the case you could apply to do this.

      I hope this helps,

      Rory

  • marxdrive

    Hi,

    I have a bill from my water company which has been growing every-year since my last payment in 2007.

    Where do I stand if the bill started during the statute barred time scale but has charges which were added in the last six years?

    Thank you for your time.

    • moneyaware

      Hi there,

      Without knowing more about the situation it’d be hard to know if this debt is statute barred.

      If you think the debt is statute barred, you could use the template letter in the article above to write to your creditor. If the debt is not statute barred – they’ll need to prove it.

      We’ve got more information about statute barred debts on our website:

      https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      I hope this helps,

      Jen

  • Jane taylor

    I have a debt from over 6 years ago with barclays bank from a joint account with my then husband who got into debt with it ..I opened a new bank account and banked with my new one and left him to get in debt with that one …a few months back I had a letter off debt collection asking me for the money a few thousand ..what can I do …2007/8 this account was and I’ve been divorced since 2010

    • moneyaware

      Hi Jane,

      If the account is in both names and remained this way, it would be the responsibility of both parties. Even if you divorced, this doesn’t cause a joint account to separate, and you may still be liable for the debt.

      I’d suggest reading our section on joint debts here:

      https://www.stepchange.org/debt-info/how-joint-debts-affect-me.aspx

      This will give you more information on what to do, and how to deal with these types of situations.

      Kind regards

      Rory

      • Jane taylor

        Thank you for the reply…does it make a difference that my ex husband had the account and when we got married in added my name to the account?..nothing has been paid on this account since 2007/8

      • moneyaware

        Hi Jane,

        If the account is in both names and stayed this way – it’ll still mean you’re liable for the debt.

        If you think the debt is statute barred you can use the template letter above to write to the creditor. It’ll be up to them to prove that the debt isn’t statute barred.

        Kind regards,

        Jen

  • Russ

    I had a secured loan with Welcome Finance taken out in 2007. Due to the exorbitant interest, the loan never seemed to go down and when I got into financial difficulties, I stopped paying in 2010. In 2012, the loan was sold on to another company and was been sold on again. Last year, I queried whether the third company had a right to the charge on my house, as it was still in Welcome’s name. For some reason they removed the charge. Does this mean the loan is now unsecured and as I haven’t paid anything and have disputed the debt for over 6 years, is it statute barred?
    Thanks

    • moneyaware

      Hi Russ,

      It would be difficult to give you an answer here, but I’d suggest looking into this further to find out what state the debt is in now.

      If a debt is statute barred, contacting the company to ask them for more information won’t cause the debt to become ‘unbarred’ so there’s no harm in asking. This way you’ll be able to discuss this wit them, and if the debt has now become statute barred you won’t be liable for any further action taken against you through the courts.

      Hope this helps,

      Rory

  • Melanie Allman

    I have an old catalogue debt from over 8 years ago which appears to have been passed from pillar to post and is now with another debt collecting agency but by their own acknowledgement “we have received no response to our previous attempts to establish contact you regarding the unpaid defaulted account” I’ve never acknowledged any letters from anyone. Is this covered on the statute barred please?

  • Kelly pearce

    My husband and I moved into a house last sept and from around November we have been receiving letters from Lowell saying he owes 289.27, from burtons.
    He hasn’t shopped from burtons since 10/11 years ago maybe more. He can’t recall owing any money either. We haven’t rang or acknowledged the debt but today received one saying, pre legal assessment.
    If he doesn’t pay it looks as though they are taking it to a county court and a ccj may be put on his file.
    I’m unsure what to do now. I would class this as statue barred but if we write to Lowell, is that him then acknowledging the debt?
    Need to go around this the correct way, please help.

    • moneyaware

      Hi Kelly,

      Thanks for posting.

      If you use the template letter above to write to your creditor about the debt, this shouldn’t count as you acknowledging it.

      If you believe the debt is statute barred, it’ll be up to the creditor to prove otherwise.

      We’ve got more information about statute barred debt on our website that you may find useful to read:

      https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      Kind regards,

      Jen

  • Marvin Olatokunbo

    I entered into a housing management agreement which ended more than 8 years ago. The management agency is now chasing me for fees which I dispute. In addition to this it is over 8 years . What should I do?

    • moneyaware

      Hi Marvin,

      You can use the template letter in the article above. This will request the company asking for this money give you proof that the debt is enforceable.

      Kind regards

      James

  • Maboudza Menembim

    I was paid a sum for PPI but the the bank made a partial payment to an old debt they said I owe to them. They are now chasing me for a debt that they haven’t mentioned until I asked for my PPI. What can I do?

    • moneyaware

      Hello Maboudza

      Thanks for your question. It really depends on how old the debt is, and when you last communicated with them in writing about it.

      If you haven’t communicated with them about the debt for 6 years the debt may be statute barred, you can read more about it here: https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      If you think the debt is statute barred you can send them a letter to notify them:https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx

      If a creditor waits too long to take court action, the debt becomes ‘unenforceable’ or statute barred. This means the debt still exists but the law (statute) can be used to prevent (bar) the creditor from getting a court judgment or order to recover it.

      However, they may still be able to take other action depending on the type of debt such as sending a debt collector to request payment, calling or sending letters.

      In your case if you are still banking with the company you have debts with, they can take money from your account to repay a debt, this is called ‘the right to offset’: https://www.stepchange.org/debt-info/debt-collection/right-of-offset.aspx to if you’re disputing the debt it be worth getting a new bank account with a different company to avoid this.

      I hope that this helps, if you think you may need debt advice and are struggling financially it may be worth giving us a call or completing our debt remedy tool online? https://www.stepchange.org/Howwecanhelpyou/Debtadvice.aspx

      Thanks
      Becca

  • Ann-Marie Huckle

    I have just received a letter informing me I owe a debt of X amount to a certain company. I cannot remember the last time I made a payment it was that long ago. I would like to dispute it however it states they may send someone to my home. The last time I had an account with this company was over 6 years ago from what I can recall. Do I send a template to this company before calling them to investigate when the debt is dated from?…I’m so confused as to Wether I shud pay it or not 🙁

  • Keren

    Hello, I had a car on HP in 2010 but had to send it back due to beginning university and no longer being able to afford the finance. It was auctioned off but I still owed about £9000. Since then I have moved around a lot and haven’t had any letters from them. I’ve since been trying to sort out my finances and having looked at my credit report the car finance doesn’t appear. I’ve tried 3 different companies: equifax, experion and noddle and it shows up on none. Does this mean that it is statute barred? And is the only way of checking for sure to contact the compnay the car finince was with?

    • moneyaware

      Hi Karen,

      Statute barred debts and debts that doesn’t appear on your credit file aren’t the same, but the timescales are similar so it’s easy to get confused.

      In most cases debts drop off your credit file after 6 years, even if you still owe the balance. However a debt only becomes statute barred if it meets the criteria mentioned in the article. For this reason it’s possible for a debt that isn’t statute barred not to appear on your credit file.

      You can also read more about statute barred debts on our website at https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      If you’re unsure, the way to check is to ask the creditor to show that the debt isn’t statute barred. If it it statute-barred they can’t take any action against you through the court, and asking for information won’t affect this – once a debt is statute barred it remains that way.

      Hope this helps,

      Rory

  • Andrew Potts

    Someone owes me 16k and I have the bailiffs judgment,he’s paid 2k but stopped paying 2 months ago ,he owns a pub but when bailiffs call he’s never there so they say there’s nothing they can do . Any advice please

  • John Vane

    I apparently owe Barclaycard about 3K from 1997, and 1K to Premier Man circa 2004 (Disputed amount at the time). I have just received Collection letters for both debts. Surely these are now uninforceable, or this Statute Barred Debt. Any informed advice would be most welcome. Oh yes, I have never discussed or admitted these debts either.

    • moneyaware

      Hi John,

      It’s hard to know if a debt is statute barred without knowing all the facts, but it sounds like these debts could be. You can use the template letter linked to in the article above to write to the these companies and explain you believe the debt is statute barred.

      Sending the template letter means the company then has to provide proof the debt isn’t statute barred.

      Kind regards

      James

  • Thomas Jones

    I have received a letter from solicitors acting on behalf of the debt company. They are seeking the outstanding balance and state that their client has obtained a CCJ against me. This debt was originally 2000 and transferred in 2006. i haven’t heard from either companies over the past 17 years. Will the Statute Barred Debt be in effect or is this cancelled? If i remember correctly it was a CCJ originally but never pursued or contacted from 2000.

    • moneyaware

      Hi there,

      If this debt was statute barred at the time the CCJ was made then you may be able to have the judgment “set aside”. There’s more information on this on our main website here: https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx.

      Setting aside a judgment means that the CCJ is cancelled and you’re back to the position you were in before they obtained the CCJ. So if they tried to collect the debt after it was set aside you could use the information in the article above.

      Kind regards

      James

  • Natalie Rogers

    Hello. I acted as executor of my late father’s estate when he died in 2008. From paperwork I found I saw that he held shares in British Gas, and after contact from my solicitor to the investment company his shares were sold and the money added to his estate. I have received a letter today (7 years later) from the investment company. They are saying that they made an error in 2010 and paid out money from the account of somebody with a similar name to my father, and that my father had sold his shares in 1997. They are now asking me to pay back almost £4000. Where do I stand with this?

    • moneyaware

      Hi Natalie,

      I would recommend getting in touch with the solicitors that dealt with your late father’s estate. They will be able to confirm if this amount is owed by you, the estate or nobody.

      The solicitors should be able to confirm if it’s possible to make a claim against the estate so long after it was dealt with.

      Kind regards

      James

  • Bill

    Hi. Can I ask a relatively simple question. Are debts to the Legal Aid Agency for contributions statute barred after 6 years or do they attract a special exemption as HMRC do. Many thanks.

    • moneyaware

      Hi Bill,

      Thanks for your question. The answer is a little bit more complicated than I expected.

      In short, legal aid debts don’t have the same exemption as Crown tax debts – that is specifically covered in section 37(2) of the Limitations Act 1980 and it has no bearing on legal aid debts.

      Whether the 6 year limitation period applies to legal aid debts isn’t easy to answer. It would depend on whether the legal aid was claimed for a civil or criminal case and what the outcome of the case was.

      I’d recommend getting in touch with the solicitor that dealt with the case where you received legal aid and asking for their guidance.

      Many thanks

      James

  • wictim

    I was approached by a debt collection company on behalf of a credit card firm and told me that a person of my name took the credit card in 1906 and there is some debt outstanding. The person shared my name and DOB. I told them this is a case of mistaken identity and has nothing to do with me. Few years ago another company approached in exactly the same manner but after explanation, they went way. These Ppl seem to be more presistant.. What should I do? Thanks

    • moneyaware

      Hi there,

      Thanks for getting in touch. Your message mentions the credit card was taken out in 1906. I guess this should be 2006, as credit cards have only been around since the 1970s.

      From reading your message it sounds like you’re unlucky enough to have someone with a similar name and date of birth, which means it’s easy for companies to confuse you with this other person. You’ve done the right thing to make it clear that you’re not the person.

      If they continue to try to contact you then you could make a complaint to the company. If they still ask you for repayments you could then ask the Financial Ombudsman to look into this case (they’ll only get involved after you’ve made a complaint to the company).

      If this company are writing to you about this debt they could also be reporting information onto your credit file. You may want to check your credit history to see what information is being reported. You can do this for free using a service called noddle: https://www.noddle.co.uk/.

      Kind regards

      James

  • nail

    What is the case on statue barred if the debt is owed to a friend or family member, where there has been no written contract, none payment in the last 7 years, they have not registered a CCJ against you and only recently been in touch?

  • Lisa

    My partner has a debt going back 14 years. He knows he hasn’t heard from them in a long time and knows 100% that he hasn’t admitted to the debt in the le last 6 years. We’ve just had teo letters from a debt collection agency about the debt, so the original creditors have obviously passed it on. Does the 6 years still stand and who would we contact about it? The original creditors or the debt collection agency?

    Thank you
    Lisa