debt increased by £10,000 over last year

sdp_3

Hello, first time poster in need of some help

About 10 years ago I purchased a tv on finance from miller brothers, I had loads of problems with the tv and it was sent back with in the first month.
About six months ago I received a letter requesting £2374 for the unpaid finance for this tv, i have refused to pay it as the tv was returned, the debt company now says I owe £12374.02 an increase of £10000 on the original debt.
They constantly threaten court proceedings and say the £10000 is costs and intrest
I contacted miller brothers who informed me I actually had a second tv delivered as a replacment, which was news to me and as I thought that this was all settled and the finance cancelled around 10 years ago I have no documentation to prove otherwise.
In the last 10 years I have had 2 mortgages, car finance and finance from electrical stores at no point have I ever had any finance refused which I would have thought would happen if I had not paid a debt

Any help would be appreciated

kazwookie

HI welcome to the site, well done for posting up.

Those with more knowledge will be along soon.

Who sent you the letter requesting £2374?

janken

sdp wrote: »

Hello, first time poster in need of some help

About 10 years ago I purchased a tv on finance from miller brothers, I had loads of problems with the tv and it was sent back with in the first month.
About six months ago I received a letter requesting £2374 for the unpaid finance for this tv, i have refused to pay it as the tv was returned, the debt company now says I owe £12374.02 an increase of £10000 on the original debt.
They constantly threaten court proceedings and say the £10000 is costs and intrest
I contacted miller brothers who informed me I actually had a second tv delivered as a replacment, which was news to me and as I thought that this was all settled and the finance cancelled around 10 years ago I have no documentation to prove otherwise.
In the last 10 years I have had 2 mortgages, car finance and finance from electrical stores at no point have I ever had any finance refused which I would have thought would happen if I had not paid a debt

Any help would be appreciated

I am no expert but would recommend that you take some legal advice and the sooner the better. It sounds like the finance company is looking at old depts to see if they can raise there profits during this hard time. Ifr you did not recieve a 2nd TV then there is nothing to worry about.

angelflower_2

I would also have thought that if they hadnt tried to contact you before now, they cant hold you liable. I thought there was a 6 year limit on chasing debt - but again, someone more knowledgeable will let you know soon. Meanwhile, I do recommend you seek some legal advice.

~Beanie~

If this debt is really 10 years old then surely it is statue barred anyway? If that is the case, they cannot take you to court however much they threated to.

Bargainfinder_3

Don't be threatened, stand your ground. Perhaps make an appointment with CAB for legal advice?
All the best:)

**Amy**

Hi

After 6 years of no contact a debt becomes statute barred. Im not sure of all of the ins and outs but this may help:

http://www.payplan.com/debt-library/joint-and-several-liability-the-limitation-act-1980.php

May also be worth you phoning payplan or CCCS or your citizens advice.

xx

tallyhoh

I think you can tell them to get lost after 6 years even if you did owe it. Someone will be along soon to tell you the law.

rog2

sdp wrote: »

About 10 years ago I purchased a tv on finance from miller brothers, I had loads of problems with the tv and it was sent back with in the first month.

Hi sdp - even forgetting the 'legality' of this 'alleged debt', your first sentence 'About 10 years ago' would indicate, to me, that there is something gravely amiss with this 'alleged debt'.

When was the last time that you either made a payment towards, or acknowledged in writing, this 'debt'.

To me, if there were ever such a debt (by this I mean that the debt should have been 'written off' by the return of the tv) then, by now, any such 'debt' would, almost certainly, be Statute Barred and, therefore, unenforceable through the courts.

Have a look at the following link, from National Debtline, and, if you feel that you 'qualify' by not having made any payment, or written acknowledgement, over the last six years, then send them the letter that you will find at the end of the factsheet:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Good luck

sdp_3

kazwookie wrote: »

HI welcome to the site, well done for posting up.

Those with more knowledge will be along soon.

Who sent you the letter requesting £2374?

The original finance company was lombard tricity, the company who now has the debt is thames credit and the letters come from Call serve

sdp_3

I have never made a payment towards, or acknowledged in writing, this 'debt' and I lived at the same address for 4 year after and no one contacted me there