Boyfriend just had to pay >£1000 - help!!

emma_lewis84 · 17 February 2008 at 10:33PM

Hi, apologies for cross postings but we're really stressed and need some advice...
My BF has recieved a letter from his old bank, RBS, well, actually from some kind of debt collection agency from an old account he held 7 years ago (2001). he's paid them off in full in CC as we didn't know what else to do, but we're skint after buying our first house together - and only just maing ends meet each month - so don't know how we will pay this off

His relationship broke up 6 yrs ago and he has moved several times since then, and this is the first contact he has had regarding this debt - what was once a £300 overdraft (which he doesn't recall incurring) has become >£1000 debt which the collection agency were VERY heavy handed about collecting - scared, he put the whole amount he owed on his (0%) credit card...

The werid thing is, before we got out morgtage in 2007, we both had credit checks done (Expedian) and this debt never showed up?

I'm wondering:
a) if the bank are allowed to charge so much interest
b) why they didn't contact him before/the debt didn't show up on his credit search
c) if there is anythign we can do to claim any money back?!

thanks for reading, we're really strapped for cash at the moment and this additional debt is really weighing on our minds we've been arguing about money, I know I shoudln't blame him but not sure what we can do...

Xox

MrsTinks · 17 February 2008 at 10:37PM

It's a shame that you didn't come here before he paid

If the debt had not been acknowledged for 7 years then it was statute barred and they could not have chased him for it -

The company he paid have bought the debt VERY cheaply from the original creditor and added their own charges to it more than likely.
I don't knwo if there is anything you can do now it's been paid - hopefully someone can coem along and advise on that better than I can...

emma_lewis84 · 17 February 2008 at 10:40PM

when he spoke to the company they said they'd not bought the debt...and were just chasing it for RBS and take legal action and that they had the authority to instruct litigation, and reposess our house???
They were very scary and we didn't feel we had any option than to pay

BF feels like he's really let me down, I feel really bad for him.
thanks for reading xox

MrsTinks · 17 February 2008 at 10:45PM

They were lying through their teeth I'm afraid hun

They use lots of scare tactics like this - they could do none of the things they threatened - especially as the debt was statute barred

MrsTinks · 17 February 2008 at 10:46PM

I don't suppose there is time to stop the payment on the credit card? (ok I don't even know if you can do that but could you call the CC company and ask them?)

emma_lewis84 · 17 February 2008 at 10:49PM

i'm not sure - is this worrth a try? he didnt want to tell me at first so I only found out after he'd pt it on his CC - grr

how can we be sure if the debt was 'statute barred'?

Thank you so much for your advice...

MrsTinks · 17 February 2008 at 10:56PM

Statute Barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

From debtquestions

Hope that helps!

emma_lewis84 · 17 February 2008 at 11:05PM

the letter was from Mackensie Hall. I've just googled them and found links to this forum saying that thay are compete scare mongerers and he should never have paid them!!
Now we really have lost out on £1300 that we really, really need and these evil people have his hard-earnedmoney and we'll never see it again

I'm just so sad he didn't tell me sooner and we could have worked it out (I've have certaintly checked on this site before paying) just annoyed and sad grr xox

zincoxide · 17 February 2008 at 11:08PM

Contact your credit card company first thing in the morning - explain you weren't aware the debt was statute barred and they threatened you with legal action which is harassment (due do the debt being statute barred) - they may be able to do a chargeback on your behalf.

MrsTinks · 17 February 2008 at 11:09PM

Men huh?

moving forward maybe post your soa on here and lets see if can help you make it easier?

KellsBells · 17 February 2008 at 11:11PM

emma_lewis84 wrote: »

the letter was from Mackensie Hall. I've just googled them and found links to this forum saying that thay are compete scare mongerers and he should never have paid them!!
Now we really have lost out on £1300 that we really, really need and these evil people have his hard-earnedmoney and we'll never see it again
I'm just so sad he didn't tell me sooner and we could have worked it out (I've have certaintly checked on this site before paying) just annoyed and sad grr xox

Emma, I'm so sorry to hear what has happened to you. It's unfair and immoral that they have done this. I know you must be feeling awful, and so must he.
I just hope that you put it down to experience and warn everyone you know not to listen to what these people say when they make these scare tatics.xxxx

Boyfriend just had to pay >£1000 - help!!

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free