Recieved a letter after 9 years from collections company

Angela_D_3

Any advice they claim the card was taken out in 96 and a default was issued in December 1999 so they are now persuing the debt, It probably is one of my debts as I was having a very rough time financially at the time but there's no way I can pay this £4,000 - I've called them and they've offered a payment plan but after all this time is it really still possible for them to collect it ???

Bossyboots

Yes, they can collect the debt up to six years after the last action in relation to it. The six years expires in December 2005 in this case. You need to make sure this debt exists and if so, you are going to have to pay it.

Angela_D_3

So if I understand this correctly, I am moving house soon anyway, if I dissapear for another 2 months or another 6 years - which could easily be done, I'm Australian then it goes away ?

file_wizzard

Angela_D wrote:

So if I understand this correctly, I am moving house soon anyway, if I dissapear for another 2 months or another 6 years - which could easily be done, I'm Australian then it goes away ?

Legaly - Yes

Moraly - You Decide

GameOver_2

Who has morals when they charge high interest.

Harassed_2

Bossy Boots' information isn't quite correct. The definition of a debt becoming statute barred under the Limitation Act is as follows:

The last correspondence or payment or acknowledgement of this debt by the debtor.

Who is the debt collector? If you're sure that you haven't done any of the above in the past years, send them a copy of the letter below:

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

(Your signature)

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


http://www.lawcom.gov.uk/docs/cp151apa.pdf

jonesMUFCforever

Angela_D wrote:

Any advice they claim the card was taken out in 96 and a default was issued in December 1999 so they are now persuing the debt, It probably is one of my debts as I was having a very rough time financially at the time but there's no way I can pay this £4,000 - I've called them and they've offered a payment plan but after all this time is it really still possible for them to collect it ???

You have called them and offered a payment plan and therefore have acknowledged the debt, hence the 6 year rule kicks off again so you would have to dissapear for longer than you thought!

Harassed_2

Incorrect. The acknowledgement HAS to be in writing. The six-year rule stands.

file_wizzard

GameOver wrote:

Who has morals when they charge high interest.

Any one who has been leant money under good faith should have morals

if the charges after a default are disproportionate then you should deal with this in the correct way, not use it as an excuse to avoid your responsibility’s

90% of the people on this site are still in debt, and most are doing there best to manage it,….not avoid it

Harassed_2

not avoid it

Not avoidance. However, avoiding paying a parasitic debt buyer, which is highly likely in this case, is a different matter.

Why should these leeches, who have paid pennies in the pound for a debt profit from the majority's ignorance of the law? If you want 'fair' then these 'people' should be paid exactly what they paid for the debt - and not a penny more.

skintchick

BUT we all know when we sign up for credit what the rules are, and we agree to them, so we should then pay up under those rules, no matter how unfari we believe them to be.

If you don't like the rules, don't play the game.

But do play them at their own game as much as possible