Author Topic: How long before a debt becomes unenforcable?  (Read 2251 times)

carlins_leap

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How long before a debt becomes unenforcable?
« on: Feb 15, 2010, 08:01:44 PM »
Hi all,
 
Im new to the forum and just wanted to ask a question.
I received a letter last week from a company wanting £300+ off me.
I called them as I had no idea what it was about and they told me it was for a mobile phone debt in 2003.
 
A mistake on my part meant I left a small amount outstanding on a mobile phone contract - now its multiplied by 5!!!
 
I 'm sure I read somewhere that after 6 years that a debt becomes unenforcable?
Anyone any ideas?
 
I don't mind paying the amount I left on the bill, but they're really taking the mick!

bankruptcy.co.uk

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Re: How long before a debt becomes unenforcable?
« Reply #1 on: Mar 05, 2010, 03:28:33 PM »
As far as I am aware...
 
If your credit agreement was taken out prior to the 6th April 2007, then if the agreement does not contain within it the "prescribed terms" as set out in the 2006 ammendment to the 1974 Consumer Credit Act, then the debt is unenforcable.
 
The 6 year rule is defined by the "statute of limitations". This sets out a minimum time period for different types of claim. For example a medical injury claim must be made in 3 years, and a contractual breach claim must be made in 6 years. (Mortgages I believe is a bit iffy, and can be 12).
 
If no communication and therefore no complaint of breach is made in a 6 year period on a financial contract is made then the legal term is "statute barred" and the breacher of the contract can claim that the debt is unenforcable. Good news for you!!!! HOWEVER
 
Since you called them... you made contact with them... And therefore you have re-instigated the 6 year cycle. You are now in full liability to pay this debt. :(
 
The only way you can get out of this now... is by using the legislation at the start of the advice, your credit agreement was taken out prior to April 6th 2009 and may indeed be unenforcable if it does not include the prescribed terms required.
 
I wish you the best of luck!!!
 
Raphael Gilbert
Raphael Gilbert
Head of Insolvency Divison www.ban