7 year old Credit Card debt collection

yorkie1980

rowena886 wrote: »

I have today received a debt collection letter chasing £1500 odd credit card debt. The card was taken out in 2001 and last had activity on it in 2002. I have requested the application as it is possible my ex husband has either asked me to sign this or requested I filled it in when I was younger as I was not aware I had a card with this company.

Is there any max period of time with no activity on a card and no correspondance before the debt is cleared or is there anything I can do to get rid of this.

Hi rowena886,
I recently had someone chasing me for a 6 yr old debt. I sent them this letter back (cribbed from MSE), on 11th Sept and haven't had anything back...

No debt is acknowledged to you. One of your employees, Liz Hume, 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 dates Ms. Hume provided me with suggest 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 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.



As for future correspondence, if you do speak to them, do it in writing only, and start each letter with "I do not acknowledge any debt to your company"

I'd also get a copy of your credit report. The company chasing me hadn't placed an entry on my credit report.

Good luck, keep us updated!

dane-katie

Yeah do not acknowledge the debt as far as i can see its statue barred i think its called, check your credit report and send them a letter like above and if they cant prove it, tell them to leave you alone

yorkie1980

heppy23 wrote: »

I remember reading that if you DO write to these people don't sign the letter as your signature may end up being used by them.

Another sound bit of advice. :T

anniecave

it is six years from date you last made payment or acknowledged the debt was yours in writing. Is it possible it's just within the six years, eg it was late 2002 you last paid on it?

asking for a copy of a contract relating to the debt isn't acknowledging the debt
asking for a statement of account relating to the debt isn't acknowledging the debt

confirming in writing that the debt does relate to you is acknowledging the debt
confirming in writing that you agree to pay a debt is acknowledging the debt
paying a debt is acknowledging a debt (unless you specify otherwise, eg if you are agreeing to pay on behalf of someone else)

yorkie1980

Thanks for that anniecave.
Do you know the relevant legislation which defines the 'acknowledgement of a debt'.
It would be good to be able to quote the relevant bit in my future correspondences, and I'm sure other MSE's would appreciate it.

rowena886

Firstly - thank you all so very much for the advice you've given me. Once I hear back from the company with the full details of the claim I will update the thread.

dane-katie wrote: »

Yeah do not acknowledge the debt as far as i can see its statue barred i think its called, check your credit report and send them a letter like above and if they cant prove it, tell them to leave you alone

I'm going to go ahead and check my credit report as suggested. I'm worried though - If I check it and it's on there what do I do? Also - what does that entail for the claim, does it change anything?

I look forward to your replies. Thank you again!

rowena