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Does a debt ever go away? Or can they chase you for payment years after the event?
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# 1
fragglepants
Old 25-05-2010, 10:12 AM
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Default Does a debt ever go away? Or can they chase you for payment years after the event?

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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# 2
Lokolo
Old 25-05-2010, 10:15 AM
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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.
You only live once so make the most of it!
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# 3
fragglepants
Old 25-05-2010, 10:18 AM
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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!
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# 4
onlypaddy
Old 25-05-2010, 10:18 AM
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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 Olympic 2012 Challenge #12
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# 5
fragglepants
Old 25-05-2010, 10:21 AM
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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
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# 6
onlypaddy
Old 25-05-2010, 10:25 AM
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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 Olympic 2012 Challenge #12
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# 7
bengal-stripe
Old 25-05-2010, 10:25 AM
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Quote:
Originally Posted by fragglepants View Post
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.
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# 8
fragglepants
Old 25-05-2010, 10:26 AM
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I'm with TalkTalk now! Its a debt collection agency
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# 9
onlypaddy
Old 25-05-2010, 10:33 AM
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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 Olympic 2012 Challenge #12
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# 10
dzug1
Old 25-05-2010, 10:37 AM
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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.
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# 11
fragglepants
Old 25-05-2010, 10:39 AM
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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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# 12
Daisy Duck
Old 25-05-2010, 10:53 AM
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Have you checked your credit files?
They may have registered a default which would have a serious impact on any mortgage application.
MFiT-T2 Member 196
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# 13
fragglepants
Old 25-05-2010, 10:56 AM
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No - how would I do that? And, if they have, how would I remove it/explain the problem?
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# 14
fragglepants
Old 25-05-2010, 10:56 AM
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I've never defaulted on anything in my life
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# 15
KingElvis
Old 25-05-2010, 10:57 AM
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For the sake of 200 I would probably just pay them, these things can quickly turn into large debts when they start shovelling on the costs, fees and charges.

A 200 debt can quickly turn to something which is not easily payable.

Just my advice and good luck :-)
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# 16
onlypaddy
Old 25-05-2010, 11:20 AM
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Agreed, check your credit files too. You can do this on:
www.creditexpert.co.uk
www.equifax.co.uk >>>> (edited: experian is the same as creditexpert, D'OH)
www.callcredit.co.uk
These are the 3 main agencies used by the majority of companise. The top two offer a free 30 day trial, as long as you cancel within then they dont charge your card.

Maybe Talk Talk have just twigged that they have 2 sets of details, either that or they sold of a batch of old debt. I dont know whether they would seriously consider taking you to court for 200 though. Your saving grace may also be that as its with a DCA (which one btw?) they will probably freeze interest and charges.

Best advice is, once you have all information, try and enter into a repayment plan. And never, ever talk to them on the phone, they are known to use bully and scare tactics. Always correspond in writing, and dont sign the letters.
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 Olympic 2012 Challenge #12

Last edited by onlypaddy; 25-05-2010 at 11:24 AM.
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