unpaid debt

hook

i have writen to them and asked them for proof that it is my debt but they just sent a letter saying that we paid some of the debt off in 2006 but i know we paid nothing to no one that year i wrote again to ask for proof that its my debt and also of any payments that i was suppossed to have made. i recieved a letter today from a different debt company for the same debt.

Siwesty_2

I have just been contacted by a debt recovery agency who say they were passed a debt in 2005 and say I owe Lombard bank £1870.62. they also say that the debt originated from an address we lived in 1995. Due to me being in the RAF and moving around alot. I am not aware of any debt with this company and have had no contact with anyone from either company, I have also had the same mobile number that they called me on for tha last 5 years and yet this is the first time they have called me. all help and advice would much appreciated. I have also benn a member of experian until about 2 months ago and nothing has ever showed up.

Ben8282

hook wrote: »

i thought i read somewhere that if a debt has gone unpaid for 6 years then you dont have to pay it back does this mean that if a credit card company finds me after 6 years i dont have to pay them back???

This is basically correct. So long as you have made no payments, not acknowledged the debt and not communicated with anybody about the debt for more than 6 years from the date of default. Such debts are called statute barred.

hook wrote: »

i recieved a letter the other week asking if i am the person living at a certain address i didnt reply and today i received another letter saying the debt has been sold to another company but still i didnt reply. so if i just ignore these letters until 6 years have passed will i be ok

Again, this is basiclly correct so long as you continue to ignore everything. If you communicate about the debt, the 6 years starts again from the begining. Don't let anything written in the letters worry you into contacting them. Thses are idle threats intended to make you contact them; nothing will happen.

In the event that you should receive genuine court documents of an impending legal action to obtain a CCJ, then you will have to decide what you want to do at that point. The likelihood of this happening is difficult to predict. If the debt is recent and the collection agency is acting on behalf of an original creditor, they will be in a better position to produce the necessary documentation to a court. If the debt is old and has been sold on, the likelihood of court action diminishes as the collectors will not have access to the necessary documentation to prove the debt. In the very unlikely event that you receive genuine court documents of an impending legal action to obtain a CCJ on a debt you know is statute barred, then you can defend on that basis. If a debt is statute barred that is sufficient defence in itself.

Morglin

This government regulation basically explains the law regarding the Statuute of Limitations:

http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm

(From the same site:.........The way the statute of limitations comes into play at different times regarding different debts, for any land related debts such as mortgage shortfalls the creditor has 12 years from when default has occured to take the matter formally through the courts.

For unsecured credit cards and loans the period is 6 years from default to take the borrower to court. If the relevant period is reached without court action being taken then they lose the right to do so forever.

If a summons is issued prior to the six year term it’s a standard defence as it’s already a statute barred debt no court action or order can be taken or made.

They can chase a debtor for the money and they would still owe it. The debt would still exist, they would still be liable, they can still be asked to repay it and it can still be re-registered on their credit file time and time again if it remains unpaid, the only change is the person cannot be forced to repay it any longer.

Ultimately if someone wishes to borrow again in the future then an old debt registered on a credit file could present a challenge.)



Lin

[Deleted User]

creditguard wrote: »

Everyone desires they had a credit card that endowed them to ascribe buys and then not ever get a bill. Did you organize to find one that remains six years? Well the six years appears to be up and it is time to yield your lawfully acquired obligations. If there is some cause why you will not pay said obligations, talk about insolvency with a bankruptcy counselor or restructuring your investments with a credit counselor. If you loaned cash to a ally on an IOU and forgot about it for six years, then discovered the IOU what would you anticipate your ally to manage if you liked the money?

Hmm. As you've found, using free translation software may be a low cost option, but it's not very effective.

I'm off to endow myself to ascribe some buys.

KingElvis

creditguard wrote: »

Everyone desires they had a credit card that endowed them to ascribe buys and then not ever get a bill. Did you organize to find one that remains six years? Well the six years appears to be up and it is time to yield your lawfully acquired obligations. If there is some cause why you will not pay said obligations, talk about insolvency with a bankruptcy counselor or restructuring your investments with a credit counselor. If you loaned cash to a ally on an IOU and forgot about it for six years, then discovered the IOU what would you anticipate your ally to manage if you liked the money?

That makes perfect sense, thanks

jonjamie1970

dolally wrote: »

Aaaaaaaaahhhhhhhhh!!:mad::mad:

Half the threads I have read on MSE are people trying not to pay their debts. If you spend the money you should pay it back.
My OH and I have worked hard at paying back money we owed after mismanaging our finances as have many members of the forum.

Reclaiming unlawful charges or pulling banks up on other genuine problems is one thing, blatant theft is quite another.

Pay back the money you owe!

Thankyou for saying this, hurrah !!! Pay your debts and dont be a low life pond skimming drain on our society, you borrowed the money, pay it back.

jonjamie1970

hook wrote: »

i have writen to them and asked them for proof that it is my debt but they just sent a letter saying that we paid some of the debt off in 2006 but i know we paid nothing to no one that year i wrote again to ask for proof that its my debt and also of any payments that i was suppossed to have made. i recieved a letter today from a different debt company for the same debt.

If you press the SHIFT key on your keyboard you should be able to produce what is commonly known as a capital letter and normally preceed the beginning of sentences.

m00m00

One of the above posts stating that statute barred debts can keep being reregistered with credit agencies is very wrong. One debt, one default. Very clear. Once it drops off a dca is in big trouble if they reregister it, or mess around with the default date. The oft is very clear on this. Once you have told someone pursuing a statute barred debt you will not be paying it it us game over, check out the guidelines.

crispy_chris

most of this thread is from 2008, so no point replying to anything on the first page