Being chased for debt.

baileywoos

OK, my hubby has just recieved a letter from a debt collection agency for a debt going back to 2003. I know the statute of limitations in England is 6 years but what is it in Scotland? I've heard it's 5 years???
Also how does the statute work if the debt was accrued in England but the person owing it now lives in Scotland? Is it the 6 years or the 5?

Thanks guys

Crazy_Jamie

Unfortunately the limitation period is determined by the law under which the original contract was made. So if the debt was accrued in England under English contract law (I assume) then the English limitation period of six years applies.

Is this debt definitely valid? As in does your husband definitely and legitimately owe the money? You'd be surprised how massively inaccurate debt collection companies can be.

GeorgeUK

The debt is statute barred if no payments have been made towards it and no written acknowledgement of the debt has occurred for 6 years (5 in Scotland). If the debt is for a 'contract underseal', such as a mortgage or some student loan debts, then it may be longer.

The T&C will state what law governs the debt, but if it was taken out when in England, then i'm pretty sure it will be English law and 6 years.

If he does not acknowledge the debt until 6 years have passed or if the debt is unenforcable, that may also be worth looking at.

rog2

baileywoos wrote: »

OK, my hubby has just recieved a letter from a debt collection agency for a debt going back to 2003. I know the statute of limitations in England is 6 years but what is it in Scotland? I've heard it's 5 years???
Also how does the statute work if the debt was accrued in England but the person owing it now lives in Scotland? Is it the 6 years or the 5?

Thanks guys

Limitation period in Scotland is FIVE years from date of either last payment, or written acknowledgement:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

If the 'debt' was accrued in England, then it is most likely covered by the England/Wales Limitation Act and will be 6 years.

baileywoos

Thanks for the reply so quick.
Yes, we know he owes the debt as he rang them. Does this mean he has accepted responsiblity for the debt or would that have to be in writing?
As much as we'd love to be in a position to pay off this debt we're just not, however it appears that it is probably just under 6 years old.

Any ideas how we should go about contacting the agency in writing and requesting the info without saying we acknowledge the debt?

Crazy_Jamie

baileywoos wrote: »

Thanks for the reply so quick.
Yes, we know he owes the debt as he rang them. Does this mean he has accepted responsiblity for the debt or would that have to be in writing?
As much as we'd love to be in a position to pay off this debt we're just not, however it appears that it is probably just under 6 years old.

Debt collection agencies are always looking for the easiest way to get the money, and regardless of the aggressive nature of the letters that they send, legal action is their very last resort, as it is time consuming and costly. This whole 'we will commence legal action if we do not receive the full amount in seven days' is always a bluff unless they are right on limitation. If it is determined that you do owe the debt, nearly all debt collection agencies will be willing to organise some kind of payment plan. Why? Because the alternatives are not in their interests- if you go bankrupt they won't get their money, and if they sue it will take up more money and time than they are willing to spend on you.

baileywoos wrote:

Any ideas how we should go about contacting the agency in writing and requesting the info without saying we acknowledge the debt?

Easy. Just write to them specifically stating that you do not acknowledge that you owe the debt, and that you will require proof of the full debt claimed. Realistically if they were to sue you they would have to provide that information anyway.

rog2

baileywoos wrote: »

Yes, we know he owes the debt as he rang them. Does this mean he has accepted responsiblity for the debt or would that have to be in writing?

'Acknowledgement' of the debt would need to be in writing - the phone call would NOT count in law.

He can start by requesting a copy of his consumer credit agreement and account details. Unless the dca can provide this documentation within 12 working days of his request, then that dca can not enforce the 'alleged debt' without seeking permission from the Courts (who would ALSO need to know why they had not supplied a compliant cca within the legally prescribed time period, and could judge the agreement to e irrideemably unenforceable):

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Send the 'template letter' together with a £1.00 Postal Order (NO CHEQUES) to the dca concerned. Do NOT use your normal signature on the letter - just print your name.

baileywoos

Thank you again.

I have another problem now. I've just opened my mail and it appears I have a lovely letter also from a collection agency. They are saying they are looking for me and have been given this address as a possibility. 2 letters in as many days - these companies must be desperately trying to enforce everything during the credit crunch.

I haven't rang them or anything and I haven't a clue what it's about. We moved here in Nov 2003 so a little under 6 years. Any idea what I should do?
Should I ignore it? Send it back and say no one here of that name? Ring them?

rog2

baileywoos wrote: »

Any ideas how we should go about contacting the agency in writing and requesting the info without saying we acknowledge the debt?

To be on the safe side any letter to a dca, including the NDL template letters, should be prefaced with the following sentence:

"I do not acknowledge any debt to your company or to any organisation you claim to represent."

Many dcas 'scour' the credit reference agency files, looking for 'debts' that are on the brink of becoming Statute Barred. They, then, try to 'Bounty Hunt' on that 'debt' in the relatively certain knowledge that the 'debtor' will be unaware of the rights that the Law affords him.

rog2

baileywoos wrote: »

I have another problem now. I've just opened my mail and it appears I have a lovely letter also from a collection agency. They are saying they are looking for me and have been given this address as a possibility. 2 letters in as many days - these companies must be desperately trying to enforce everything during the credit crunch.

I haven't rang them or anything and I haven't a clue what it's about. We moved here in Nov 2003 so a little under 6 years. Any idea what I should do?
Should I ignore it? Send it back and say no one here of that name? Ring them?

They are definitely 'phishing'. Ignore it - if they are so sure of their information, then let them write to you giving full details of any 'alleged debt'.

And NEVER phone them.

MrsTinks

They're not phishing they're fishing

As for the second letter to you then ignore it... and as said DON'T PHONE THEM!

Whilst phoning DCAs can be a fun sport then it's really not something you want to do if you're not up on the various rules and so on