13 Year old debt!!!!

mar1e

Hi Everyone
Im hoping that someone can answer a question for me. I have just got home from work to find a letter addressed to me with my old married name on from a company called Arden credit management. I rang the guy who hand delivered the letter. He said that he was instructed to locate me from a firm now called Paragon used to be called Universal credit to be fair I have never heard of either of these firms. Anyway he was chasing non payment of a loan from 1996. He couldnt tell me how much it was and just that Paragon would contact me.

I know the first thing to establish is even if the loan is mine, but I have never had any correspondance from this firm. I have lived in my current proerty for 6 years and have never had any correspondance in thiat time from such a firm and neither can I recall getting any before them. Can they really chase me for a debt that is 13yrs old?

Marie

fermi

Even if the debt debt does turn out to be yours then.....

From a previous thread:

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.

Once you have told them it is Statute Barred then they should not chase you any more.

The OFT have just given a different firm of debt collectors a "slap" for doing that.

See: http://forums.moneysavingexpert.com/showthread.html?t=1639473

Enfieldian

Ha ha.

Wish him good luck on collecting. He's going to need it.

Waste of their time sending the letter and a waste of yours doing anything.

mar1e

Thanks very much for replying to this post fermi made me feel alot happier knowing that
Marie

mar1e

Hi I have now recieved a letter from Paragon who say that they have been attempting to contact me to discuss my account and want me to ring them. Considering I havent had any correspondance from them in all the time I have lived in my present address which is 6 years should I contact them. I dont want to complicate things. I still dont even recognise them as an old debt

Marie

thriftymomma

Don't speak to them again on the phone. You need to do all this in writing. Good luck!

McKneff

Why should you spend money on phone calls ringing them. i would just ignore it again till they write again and again and again. I suppose it will get to the stage when you will have to write to them to tell them it is statute barred but in the meantime they are wasting their time and their money but let them get on with it, cheeky sods

theartfullodger

Unless it was a debt which the court granted a decree for in Scotland. In which case 20 years AFAIK..

Cheers!

Lodger

mar1e

theartfullodger wrote: »

Unless it was a debt which the court granted a decree for in Scotland. In which case 20 years AFAIK..

Cheers!

Lodger

Thanks for your reply but I dont fully understand it. I live in England so am not sure where thr Scottish courts would come into it? May just be my ignorance I dont know.

Marie

theartfullodger

I am just pointing out that if there was a court judgement (called decree up there) against you from a Scottish court it is valid for 20 years. Very, very unlikely unless you lived in Scotland at the time.

Not sure if there is some parallel with English CCJs lasting longer than 6 years - perhaps someone else knows?? As far as I know (AFAIK) CCJs die after 6 years...

Cheers!

Lodger

cyril82

In cases like this the company know the debt is statute bared, their only hope of collecting is to trick you into acknowledgement.

Just ignore the letters and they will stop, if they don't start writing return to sender on the envelope and putting them back in the post box, they'll get the message.

They can’t progress such an old debt through the courts so what can they do if they receive no response?