are we still liable for this debt ?

alanco15

hello everyone,

My partner has just received a letter from a collection agency asking hern to contact regarding an agreement.
We gave them a call and they say it refers to a debt with a carpet co' back in 1995/96. she was married at the time but the loan was taken out in her name only, but when she moved out and divorce in 96 her partner stayed in the house.

the debt company said they started chasing it in 2004 and have just tracked her down to our current address ( seems like a long time to me as we have been here for 9 years. )
I guess she will still be liable but was wondering if debts have a time limit on them. the debt is for £750 but if we pay in full now they say it can be halved to £375 which sounds ok but when i asked for paperwork so we could check the claim they sais it would mean going back to the carpet company who would then ask for the full amount , does this sound right.
any ideas would be very welcome thanks.

fermi

This debt is almost certainly 'statute barred' which means that is still exists but is legally unenforceable.

A debt will be "Statute Barred" if there has been no acknowledgement 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.

alanco15

hi, thanks so much for the reply it was very helpful, i'm pretty sure it will come under statued barred, so will follow that line .

thanks again
great work. !:T

RAS

Do come back when you know.

Even if it is not statute barred, a loan that old may not be legally documented.

halight

Hi dont pay any moeny of this loan or give them any personl details about you or your wife untill you find out if thay can inforce the loan. And remember that thay need to prove that your wife ows the money witha criedit agrment.
I would also give debt line a ring. and have a chat to them
But as the loan is so old i very much dout that thay would be able to force you to pay it.
Good luck

alanco15

cheres guys, i have spoken to debt line , they said it will probably be statute barred and are sending me the letters to write to the company.
I also spoke to the company and explained all this. they are awaiting my letters.
i found out they took over the debt in 2004.

thanks again

alanco15

:beer:
just wanted to say thanks to you, for your great advise.
just received a letter from debt recovery co agreeing that debt is indeed statued barred and no further action will be taken.

a load off our minds, and sorted so quickly
keep up the good work
:T

doodledo_2

Brilliant news

fermi

I'm pleased you've got it sorted. :beer:

moo_cow

well done!