Need help - debt letter re. Credit card debt over 10 yrs ago

Kaggy_2

I had a Barclay Card over 10 years ago which my Ex used - this was being paid off by my Ex. When I moved out he assured me (me stupidly believing him) that this was continuing to be paid until I had rude awakening and recieved notification by Experian in November 2006 that I had a CCJ court dated in January 2000 for nearly £1950 - this was never satisfied. The 7 years ended in January 2007.

I have today recieved a letter from a debt company requesting payment for the full amount plus some extra charges - can someone please tell me where I stand legally - Does this need to be paid by myself? Can I chase my Ex for payment?

I thought I had heard the last of this when this was removed from my credit file in January last year.

Thank you, Kayte

JayZed

Kaggy, you'd be better off posting this on the debt-free wannabe board.

I'm not sure of the answer, though I think that you're liable for 12 years from the date of the judgement.

dane-katie

Im guessing you would be liable for the debt, im no expert but would this be statued barred?

Someone with more knowledge will be alone soon

NickX

As over 6 years has passed with no contact the debt is "statute barred" and as such is unenforceable.

Whatever you do don't acknowledge the debt and they cannot enforce it by law however "heavy" they try to get.

h4ppiness

NickX is right about limitation, but it doesn't apply if the lender has registered a money judgment against you. Regrettably you are liable as the card is in your name. You have 3 choices;
1. Make an arrangement to pay of the CCJ over time
2. If you don't want a CCJ against you, you can apply to have it set aside (as you weren't served) - However, unless you can pay the debt in full, a new judgment will be registered, so this only works if you pay of the CCJ in full at the same time as you apply to have it set aside.
3. Avoid the debt - Deny it's you, don't admit it and take your chances.

Jemma-T

Different in Scotland and England (no idea about NI) but that debt is "spent" ie dead.

Just some scumbag company buying up old debts for 50p with an outside chance they'll scare some people. I had one for a 9 year old debt offering me to bid on the debt by going online and "making an offer".

They can !!!! off.

CLAPTON

Usually a debt is spent after 6 years ..i.e. they can't pursue you for the debt. However, as CCJ has been issued the situaion is a little more complicated.
I would suugets you read this
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

and then contact the nationaldebtline and seek their advice.
You can also try the CAB.

Jemma-T

They can pursue you for as long as they like (no through the courts of course if it's a standard private debt). They have no duty of care at all and can ring and write as much as they see fit. Obviously, they can't break the law but that won't stop some of these companies. They are scam artists essentially and like all scammers they only need to hook 1 in 50 to get a pay off.

Best thing is to bin the letters and avoid them at all costs. They'll move on to someone else.

h4ppiness

No offence Jemma-T but your comments are only helpful if the debt is out of limitation. Limitation does not apply if a CCJ has been made (or a decree in Scotland). Limitation in England is 6 years. In scotland it's 5 years. If a CCJ has been registered, then your lender is entitled to pursue you through the courts, so if you ignore their attempts at contact, you run the risk of them attempting enforcement (Bailiff/Attachment of Earnings/Charging order).

It might also be worth considering if you were aware of what your ex was doing with your credit card - Did you agree to him using it or did he use it without your knowledge? What have you told the lender so far? You could deny knowledge of the debt on the basis that your ex committed fraud, but ou would have to be certain that you have not previously accepted that you owe the money. A lender will be reluctant to become tied up in litigation unless it believes it has a strong chance of success.

Also, do you own your home? If so, they are more likely to go to court and go for a charging order.

Sugg you speak to National debtline or similar for advice