EquiDebt

Penfold77 · 9 December 2012 at 6:31PM

Thank you.. So it looks like nothing can happen. Due to me been away for 8 years and not having any contact with anyone..

Thank you everyone. I can now rest and enjoy christmas, well until it starts again next year.

fatbelly · 9 December 2012 at 7:53PM

Strictly speaking, they could start a court claim, and you would have a defence.

But this is likely just to be posturing and harassment on their part, hoping that you don't know the law in this area.

Penfold77 · 9 December 2012 at 8:19PM

How could they start a court claim? the debt is from 2003 and I have never had any contact since that date..
Also if this happened how or what would be the defence?

fermi · 9 December 2012 at 8:21PM

If they have "tried" to contact you in the 6 years, then under OFT guidelines it might possibly be still OK to ask you politely to pay. But NO MORE THAN THAT.

The debt would still be statute barred though. It would not stop that. So as said, if they were daft enough to try court action it would be a complete defence.

Penfold77 · 9 December 2012 at 8:49PM

So if they politely ask me to pay I can say no.. Also how do they prove they have tried to contact me? I lived in a completely different country for the whole of that period of time.
I do not understand this, if it is statuate barred then I do not have to pay it no matter what? So if that is the case why still chase?

iolanthe07 · 10 December 2012 at 12:20PM

So if that is the case why still chase?

Because the debt still exists (unless you're in Scotland). They are hoping you will pay it off under a moral obligation, since presumably you do owe it. But they cannot pursue it through the courts.

Penfold77 · 10 December 2012 at 7:49PM

I genuinely do not remember the debt at all but it was a long time ago.

So just to clarify, I would not have to pay this if it turned out it was my debt and they asked me to?

If that is the case why don't they simply close the file down?

RAS · 10 December 2012 at 7:59PM

Hi

The debt still exists but you do not have to pay it because of the length odf time that has elapsed since your last payment.

No court in the land would grant them a case, as long as you defend it.

have you sent a SB letter yet and told them you are not paying?

Penfold77 · 10 December 2012 at 8:49PM

Yes I sent it in August and not head anything until after I got back from the weekend, when they said they had closed their file and passed back to the company it came from. Who would now investigate whether they TRIED to contact me during the past 6 years. Is this correct? I thought you had to actually have contact within the past 6 years, not just attempt contact, otherwise surely this whole situation would never end. But as I said they can't have contacted me as I was out of the country.

iolanthe07 · 11 December 2012 at 11:14AM

Just tell them that you have no recollection of the debt, do not acknowledge it, and in any case, even if it existed, it would be Statute Barred.

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