Debt Write off

  Kevscar1 14:49 12 Apr 2013
Locked

I seem to recall reading sometime back that if you don't pay a debt for 6 years it is written off and they can't take you to court. Am I right and if so does anyone know the Act and Section

  alB* 15:07 12 Apr 2013
  wiz-king 15:07 12 Apr 2013

Are you getting confused with the HMRC rules that say if the cant find a problem in the last 6 years they cant go back any further?

  onthelimit1 15:09 12 Apr 2013

not according [to this ]1

  carver 15:10 12 Apr 2013

Wrong, I think it relies more on whether or not they can find you.

If no one has tried to contact you about the debt then it becomes unenforceable unless you owe money to the IRS.

  Woolwell 15:17 12 Apr 2013

You are referring to statute barred and the limitations act. But it is not as simple as just being written off. This is an ad site but it does explain the process Money aware. The best advice for those with debt problems is to seek expert advice early eg from Citizen's Advice as those who try to muddle through often end up with even more problems.

  Kevscar1 15:47 12 Apr 2013

Thanks the contract was obtained by the salesman knowingly lying to me and I have always told them that I will not pay this as he committed a criminal offence under the fraud act. Once I have explained it to the debt companies they have refused to handle the matter. Now getting letters from the 5th one. 6 years are up so I will ignore them and see if they go to court thinking I don't know about this

  Woolwell 15:56 12 Apr 2013

Why didn't you get the contract cancelled? Suggest you seek expert advice which we cannot give here without knowing the full circumstances. Just ignoring it is like burying your head in the sand. You are risking bad credit ratings and a CCJ.

  spuds 19:11 12 Apr 2013

Like what's already been stated, don't just hope things will go away, they most likely will not. Get the paperwork together and make an appointment with the CAB or local legal advice centre, if you town provides these services.

  OTT_B 20:27 12 Apr 2013

I'm not sure if this applies in your case, Kevscar1, but 6 years after a debt is defaulted on, it will drop off your credit record whether or not it had been paid. This assumes that it was on your credit record in the first place.

  Kevscar1 07:31 13 Apr 2013

Woolwell I wrote telling them I was cancelling the contract due to the illegal way it was obtained sent it recorded, they never replied, just ignored me. Midgetninja as long as you do not acknowledge the debt in those 6 years and I have explained the circumstances to every deby company saying I have no intention of paying for this reason they cannot take legal action. They can still chase mebut I will just keep refusing

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