Statute Barred -- is there a section that goes into detail about this?

[The Tech Clerk]

SB would be any defence his they tried it!

[cymruambyth]

So is there still a danger of court action after sb ?

Unfortunately they rely on people’s ignorance. SB is its own defence.

[Joanna Connolly Solicitors]

So is there still a danger of court action after sb ?

There may be a danger of court action after a debt is Statute Barred but there shouldn't be any danger of them winning


Also the FCA Handbook CONC 7.15.7 is clear that if a firm (i.e. debt owner) knows, or ought to know, that a debt is SB then it shouldn't threaten court action and they must not continue to demand payment once the debtor has told them they're not paying because the debt is SB >

https://www.handbook.fca.org.uk/hand...ate=2015-10-26



CONC 7.15.7
01/04/2014

It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.

[Note: paragraph 3.15b of DCG]


CONC 7.15.8
01/04/2014

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

[Note: paragraph 3.15b of DCG]



Di

[Spent2much]

Re: Statute Barred -- is there a section that goes into detail about this?

Hi Pip

SB is generally 6 years (5 years in Scotland) from the last cause of action on the debt. This is usually the date of the first missed payment but there was a case earlier this year where the judge agreed with the creditor's assertion that it was 6 years from the date of the default notice. Therefore, to be certain a debt is SB, count the time from whichever is the latest date.

Creditors often ramp up their efforts in the last year or so before SB even if they've been quiet for two or three years prior to that. Just let us know if you get any letters. It is possible to get a CCJ just before SB but the creditor would have to explain why they'd left it so late if they knew your address etc.

After a debt is SB the creditor can still chase you for the debt, except in Scotland where the debt is extinguished, but they cannot take you to court. If the creditor sends fishing letters you can safely ignore them.

Good luck, getting to SB is a good feeling!

Sorry to quote this post , but I am trying to find information on a few debts that are SB for 4 years in June , I am getting threatograms again. I've ignored them , can they take any action after 4 years SB ? thanks .
I quoted this as I was finding it hard to find the right place to ask and my laptop is playing up .

[The Tech Clerk]

Do you mean 4 years after 6 years SB?