Trust Deed/Statute Barred Debt

A question about : Trust Deed/Statute Barred Debt

Sorry if this isn't the most appropriate board, just wondering if anyone has had any experience of Statute Barred Debts. I have some debts which were defaulted almost 5 years ago now which under normal circumstance I know would be about to become statue barred (I am in Scotland) as I have had no contact with any of the companies in this time. However I did not simply default these debts, just over 4 years ago I took a Trust Deed. I paid it for a few months but was unable to keep up the payments so the trustee discharged me. I have no idea what happened to the payments I made but my assumption is the trustee kept them towards their costs, they were not very professional and were always more concerned about their fee above all else. None of these companies are chasing me currently, as I said I have had no contact with them and have moved several times and not taken any further debt which has probably made it difficult for them. What I am looking to find out is what date would apply for me to use the statute barred rule should any of these companies catch up with me - the date they were defaulted, the date of my trust deed which technically would have acknowledged the debt or the date the trustee discharged me? Obviously if I need to deal with any company i'll seek professional advice would just like to be prepared for this eventuality! Thanks

Best answers:

• Hello there,
  If the Trustee made any payments towards the debts, the five years would run from the date of the last payment (or potentially last acknowledgement from the Trustee to the creditors that you recognise the debts).
  If, like you think, the trustee hasn't made any payments towards the debts, the five years would run from either the point in which the creditors could sue you under the terms of the contract - or your last payment/acknowldgement if it was after that date.
  If you're not being chased currently, do consider waiting to see if they start doing so at a later stage. I wouldn't try and poke the hornets' nest as it were.
  Sorry, by the way, to learn about the Trustee's treatment.
  Best wishes,
  David @ National Debtline.
• Have you checked your credit file on all 3 CRA`s ?
  As you have moved several times its not impossible a CCJ may of been awarded against you, need to check this first.