Statute of Limitation in the UK
Posted on 18th November 2020 at 04:28
A statute of limitations is an aspect of the default collection of time-restricted debts and the acts. The statute of
limitations UK debt usually signifies a particular deadline for filing lawful procedures by the creditor. When a debt has neither been paid for some time nor there has been a communication from the debtor, the debt can become ‘statute barred.’ This signifies these debts are no more enforceable, and no law can make the debtor pay the outstanding amount.
According to the Limitation Act, 1980, the debt recovery limitation period of several outstanding unsecured debts is six years on many, while the debt recovery limitation period on certain mortgage debts is 12 years.
When does the debt recovery limitation period start?
The debt recovery limitation period on simple contract debts, like, personal loans, credit cards, and store cards start from the date the creditor can take legal action to recover their outstanding balance. For debts with no fixed repayment period, like, bank overdrafts, it is quite complex to determine when the limitation debt recovery period starts.
If creditors are still chasing for payment
If the debtor receives any kind of communication from the creditors regarding the outstanding amount then first the debtor needs to confirm the debt is certainly statute barred. This can be done by checking the credit report or bank statements. If the debtor is sure that, there is a statute of limitations UK debt then there is no need to take further action.
If the debtor is still not able to find if a debt has become statute barred then they can write a letter to the creditor, asking them to give proof that the debt is not statute barred. If they can provide written proof that the debtor has not made a payment during the debt recovery limitation period then the debtor should look into making repayments. In such a case, the debtor can also look for an alternative way to make sure no legal action is taken against them. If the debtor is finding it difficult to manage debt then they should talk to a professional debt management company, which will surely help the debtor. These companies will direct debtors in looking for the most suitable and reasonable method to take care of any debt issues related to their current income.
What can a creditor do after the statute of limitations the UK debt period has passed?
After the statute of limitations the UK debt period has passed, the creditor has no power to recover the debt, and the creditor should stop contacting the debtor.
Can there be a court action after the debt recovery limitation period has passed?
Yes. Nevertheless, if the proceedings start after the debt recovery limitation period has passed then as soon as the debtor proves that the debt is statute barred the court will cancel the case.
Therefore, the creditor must start the recovery process as soon as possible to make sure there is no loss. You can contact Creditreform to make sure you recover the outstanding debt as soon as possible.
Share this post: