Thought I Was Free

StressedSam

Hello All

I thought I was debt free. After paying off several creditors and CCJ's I was pretty sure I had paid off all my debts my dreadful ex had got me into. I requested a copy of my credit file and there was no mention of any old debts being outstanding. Just a few that said 'Satisfied'

So I thought great I can finally get remarried. I have been happily married for a year and recently found out that I am pregnant.

However yesterday I have received a letter from a debt Collection Agency. This was addressed to my maiden name at my current home where I have been living since 6 weeks after my wedding, so I have not even been living here using this name.

Anyway this agency is now asking me for over £4000 but I have checked my credit reports online today and there is no mention of this or any other debt in my credit files. For the first time for over 10 years I have a good credit rating and no defaults or outstanding payments.

I always thought that if someone had not contacted you for years they could no longer enforce a debt. I am nervous about replying to them as I don't want them to find out my new name especially when I thought my debts were all clear.

Any advice?

fermi

How long would it be since you last acknowledged the debt in writing or made a payment?

If that is over 6 years (5 in Scotland) then the debt would be 'statute barred' and legally unenforceable.

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgment of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

copywrite33

Do you recognize the debt? The first thing to do is send a CCA request with the £1 fee.

Search the forum for the link as i cant figure out how to link lol!

What ever you do, do not sign the letter.

Hope this helps and hope it all goes well. Keep us posted!

StressedSam

Thanks for your help. I do recognise the debt and know what it was for so don't think I need to get a CCA.

However I think "Statute Barred" will be more appropriate. I am going to ring Debtline and double check before I write a letter. But I think as long as I make sure I word the letter carefully so it makes it clear that I am not admitting I owe the debt, I should be able to find out when and if I last wrote to them. Which I believe is sometime between 2001 and 2004. (Wide timescale I know!!)

Hopefully it will be the earlier part and has now passed 6 years.

Thanks again, as I had no idea that I had to acknowledge the debt, I just thought if they had written in the last 6 years they could still make me pay.