Does a debt ever go away? Or can they chase you for payment years after the event?

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fragglepants
fragglepants Posts: 88 Forumite
in Budgeting & bank accounts
Hi there!

Wasn't sure where to post this, so I opted for here!

A phone company have just got in touch - I estimate around 3yrs after the event, maybe longer - threatening legal action for an unpaid bill. This was in disupte at the time, I thought that they had agreed that I did not owe them any money as they never chased me.

However, I have suddenly had two letters this week demanding payment. They claim that they have contacted me a number of times and I've ignored them - this just isn't true.

How long after the 'debt' was accrued do they have to chase it? Can they chase the debt from me after so long?

My initial reaction is to say I'm not going to pay as I was originally in disupte with them. However, I don't think I have any paperwork (plus just had a fire at home, flaming timing!). I did have many 'debates' with them over hte phone - perhaps they have recordings of those?!

Help needed quickly please!

Thanks guys

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Comments

  • Lokolo
    Lokolo Posts: 20,861 Forumite
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    Debts are liable for up to 6 years.

    Do you actually owe the money or not?

    If you do not owe the money and had originally arranged that you didn't, then you can say it's not your debt. But if they then get proof you do have the debt then they can retrieve the debt.
  • fragglepants
    fragglepants Posts: 88 Forumite
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    No I don't believe that I do. I can't remember the ins and outs but I think it was something to do with the terms of a contract I wanted to opt of out and they wouldn't let me. The debt is now about £200, but I don't think it was that high at the time.

    If they can still chase me for the debt I want to fight it, but how I will without paperwork and a memory of what happened I don't know!
  • onlypaddy
    onlypaddy Posts: 991 Forumite
    Debt-free and Proud!
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    it takes 6 years from the time of 'last acknowledgement' from yourself - that is, response to a letter admitting the debt, or made a payment. Have you moved house or changed contact details without telling them? Or done anything recently to alert them to contact details (they could be searching your credit file)
    Debts at LBM (May '08) £5760 - Lloyds CC £4260, Lloyds OD £1500;
    Debts as of May 28th 2011:
    Santander CC: £0.00
    Lloyds OD : £0.00
    DFW Nerd #1247 - Proudly dealt with my Debts :D Olympic 2012 Challenge #12
  • fragglepants
    fragglepants Posts: 88 Forumite
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    Nope. Always been at the same address. The company is Pipex - which I thought had gone bust a while ago ............ haven't even changed phone companies since this all happened
  • onlypaddy
    onlypaddy Posts: 991 Forumite
    Debt-free and Proud!
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    Nope, Google and Wikipedia reveal that Pipex were taken over by The Carphone Warehouse, so they're part of their Talk Talk brand now.

    Have you been contacted by the company directly, or a debt collection agency?
    Debts at LBM (May '08) £5760 - Lloyds CC £4260, Lloyds OD £1500;
    Debts as of May 28th 2011:
    Santander CC: £0.00
    Lloyds OD : £0.00
    DFW Nerd #1247 - Proudly dealt with my Debts :D Olympic 2012 Challenge #12
  • bengal-stripe
    bengal-stripe Posts: 3,349 Forumite
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    fragglepants wrote: »
    How long after the 'debt' was accrued do they have to chase it? Can they chase the debt from me after so long?

    The statute of limitations gives them six years time.
  • fragglepants
    fragglepants Posts: 88 Forumite
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    I'm with TalkTalk now! Its a debt collection agency
  • onlypaddy
    onlypaddy Posts: 991 Forumite
    Debt-free and Proud!
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    Do you still have the same account details with Talk Talk as you had with Pipex? Sounds like you need more information, if you have no paperwork. General guidance says keep paperwork for 6 years as this is the length of the statute of limitations (as bengal says), but of course if you had a fire then you may have lost them I understand.

    You could send them a 'Subject Access Request' which costs £10 (put in a postal order, and make sure you write in the letter that the £10 is not towards payment of the debt. There is a template somewhere on the Debt free wannabe board if you do a search). This would oblige them to provide every scrap of information they hold about you.
    Debts at LBM (May '08) £5760 - Lloyds CC £4260, Lloyds OD £1500;
    Debts as of May 28th 2011:
    Santander CC: £0.00
    Lloyds OD : £0.00
    DFW Nerd #1247 - Proudly dealt with my Debts :D Olympic 2012 Challenge #12
  • dzug1
    dzug1 Posts: 13,535 Forumite
    First Post Combo Breaker
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    They can chase it for as long as they like - 6 years is the time limit for taking it to court, and most will give up on any serious attempt after that time.
  • fragglepants
    fragglepants Posts: 88 Forumite
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    No I swapped to Talk Talk, so shouldn't be a connection there.

    I'll contact them and ask for more info - seems to be the way to go as they can chase my debt. I don't want to ignore it and get a CCJ as I'm hoping to buy a house this year!
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