11 year old debt

daveandjo · 17 January 2008 at 7:54PM

My husband has had a letter from a debt collection agency threatening to send the bailiffs round. This relates to an 11 year old £385.00 debt to Barclays Bank overdraft (which he never asked for and never knew he had until the cash machine kept giving!). He has had many letters over the years threatening 'action' which we ignore, although we contacted the last company (about 2 yrs ago ish) to tell them we have no knowledge of the debt and will not be paying it, this put them off but they have now given it to another debt company who state they "have instructed their doorstep agents". We have a credit report which of course has no details on it of this debt as it was over 6 years ago. We don't want the bailiffs on the doorstep but also can't afford/don't want to pay. The letter also says we may get 30% off the debt if we pay immediately, are they blagging it? Does he have to pay?

RAS · 17 January 2008 at 8:07PM

Unless there is a CCJ for this, it is almost certainly statute barred. Can we ask the names of the DCAs?

Will be back with the letter you need to send.

daveandjo · 17 January 2008 at 8:17PM

This letter is from Debt Managers Ltd based in Edinburgh which states the money owed was to Aktiv Kapital Asset Investment. THanks

RAS · 17 January 2008 at 8:18PM

Nicked this from rog elsewhere.

If it is over six years, then it is most likely covered by the Limitation Act and will be 'statute barred'. In simple language, this means that providing the debtor has made no payment towards, nor acknowledged, in writing, a debt for a period of six years (five in Scotland) then that debt is 'statute barred'. Once the debtor has informed the creditor, or dca, that he will no longer make any payments, because the debt is statute barred (the only reason he need give) then that 'debt' can no longer be pursued through the courts.
Have a look at the following link:

http://www.nationaldebtline.co.uk/en...limitation_act

There is a template letter that you can send to the DCA.

Even if the 'alleged debt' is not statute barred, the DCA are legally obliged to supply you with a true copy of the original signed consumer credit agreement, plus deeds of assignment and a fully up-to-date statement of the account, on your request.

Will also post the list of people to whom you can complain if they try anything on - which is likely given what has been on here the last few days.

RAS · 17 January 2008 at 8:21PM

our old friends again - try a seach on them both.

Are you in sctland as you need a different letter.

Jhayda · 17 January 2008 at 8:34PM

Someone may correct me on this but I believe 'doorstep agents' have about as much right to enter your house as the postie so if they do come a-knocking you can tell them where to go...

daveandjo · 17 January 2008 at 8:54PM

So far we have not admitted we owe the debt so sending the limitations act letter might be admitting the debt? I found another template letter which asks the company to send proof of the credit agreement but you must send £1, and reading someone elses post the company took that £1 as payment towards the debt and kicked it all off again!

We hope they have purposefully worded it "doorstep agents" as opposed to bailiffs but not sure if there is a difference, can they force their way in my house if i open the door? Are they just trying to scare us??

Debt_Free_Chick · 17 January 2008 at 9:11PM

daveandjo wrote: »

So far we have not admitted we owe the debt so sending the limitations act letter might be admitting the debt? I found another template letter which asks the company to send proof of the credit agreement but you must send £1, and reading someone elses post the company took that £1 as payment towards the debt and kicked it all off again!

Don't send this letter. Send This one instead. It refutes the debt and tells them to sod off, as they are out of time.

We hope they have purposefully worded it "doorstep agents" as opposed to bailiffs but not sure if there is a difference, can they force their way in my house if i open the door? Are they just trying to scare us??

Yup - scaring tactics. These people have no right of entry anyway. Put a door chain on, unless you are confident about dealing with people on the doorstep. If they are "brave" enough to call on you they might be "brave" enough to attempt entry, if you open the door to them - even though they have absolutely no right to do so.

Send the letter in the link above, please

smashedbooboo · 17 January 2008 at 9:12PM

Doorstep agents have no rights at all. Dont worry they are trying it on. They are not bailiffs. They have to have a court order to send bailliffs in. And yes they are trying to scare you. Welcome to the forum. Dont fret anymore chick. Do not speak to them on the phone. Ever. Writng only. And if you have to write to them put on the letter i do not acknowledge thi debt to your company.

Debt_Free_Chick · 17 January 2008 at 9:16PM

Even bailiffs cannot enter your property, without a warrant. Be careful though, as bailiffs can legally gain access through an open window and then have a right to continue to enter.

This factsheet explains the rights that bailiffs have in relation to Council Tax - and those rights are unusual, as the bailiff is appointed by the Court. However, there is also some general advice which is useful.

In summary ... there are a few hoops they have to jump through in order to appoint bailiffs. And even then, bailiffs have no right to force entry to your home.

Send the "sod off" letter .... you should be pleasantly surprised at the response

smashedbooboo · 17 January 2008 at 9:20PM

totally agree. Pleasedont be scared about this, It can be sorted.

11 year old debt

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