Old debt was not aware of!

Ms_Sparkle

I'm sorry if this has been covered, and I have been looking through the old threads, but I just don't understand some of the terminology and wondered if someone could help me.

My partner received a letter at his mother's house about a week ago from 1st Credit saying that he owed approx £1500 from an account he had with Abbey. I binned the letter as I actually thought it was a fake, as it just didn't look real, and am aware of some of the scams. Anyway he received another letter today saying that they are taking legal action. He doesn't know what the debt is about so he phoned them up. Firstly they were really rude to him so he insisted he was put through to someone that would help him. That finally happened and apparently is something to do with a current account that was last used in 1997. He does remember having an account but no recollection of any money being owed and thought that the account has closed. Anyway they are now saying we have to pay the money or there going to take him to court. He asked for all the information about the account but they won't give it to him, so we are going to write them a letter.

I'm wondering whether he should contact Abbey National and ask them whats its about, or just to keep dealing with 1st Credit. From what I understand after reading on some other forums, the account would be statute barred as it is over 6 years old. I'm just unsure what to say to them, and we haven't got that money to pay them, especially as we don't even know what it is about.

I hope no body minds me asking for help, I'm at such a loss and this has really upset both of us. If anybody can give advice it will be gratefully appreciated.

Many thanks

Ames

All you need to do is write and tell them that the debt's statute barred and so you wont be paying. There'll be a template letter floating around here, I'm sure someone will find it for you. That's assuming there's no ccj, but that's unlikely without you knowing about it.

RAS

Yep

Statute barred if not payment in the last 6 years unless there is a CCJ outstanding on it.

1st Crudit by statute barred debts and hope people will cough up without realising the law.

Will be bcak with the letter.

RAS

Hi

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

Send the letter at the bottom. If there is a CCJ, get them to tell you.

Ms_Sparkle

Thank you so much for such quick responses. That is fantastic, I can relax abit now.

Not quite sure what it means though, does it mean we don't have to pay for it, or do we still owe the money and have to pay. I'm really sorry if I'm being silly, I just don't want anymore debt.

Ames

It means you still owe it, but all they can do is ask nicely - they can't take court action or anything. So essentially you don't have to pay unless you really want to.

Ms_Sparkle

But should we pay it or not, I hate having debt. Basically if it is ours and is statute barred shall we pay it or is it irrelevant now.

Ames

I wouldn't pay it. Legally you don't have to pay it, and morally is up to you. As far as I see it though, they can't be that bothered about it if they've waited so long for you to pay. The original creditor would have claimed it on their insurance long ago, the debt collection agency would have bought it for pennies.

Ms_Sparkle

Great, thats fantastic news. I'm sending the letter first thing and can't wait to see what they come back with.

Thanks so much for all your help.

Ms_Sparkle

I sent the letter to 1st Credit, and then they started with some nasty phone calls. We kept stating very calmly that we will only deal with this through writing, and they said they don't deal with post! Ha what a joke. Well after a week of horrid calls we had a letter today from LCS Solicitors which are the solicitors in there legal division, saying if we don't pay in 7 days they may commence court proceedings. They said on the phone that we have acknowledged the debt as we have written to them, even though in the letter it says we don't and the debt relates back to 1997!

Now I'm really confused and don't know what to do!! Its really upsetting, and not what we or anyone needs at the moment as there pretty scary. I'm thinking of sending the same letter direct. Does anyone else have any advice?

Many thanks

GeorgeUK

Hi Ms Sparkle

Can you just give a bit of an update?
I agree with what was said earlier about the debt being statute barred, but can you tell us what letter you sent to them?