What happens if you dont pay DCAs?!

prettygreen_3

Hello everyone this is my first post although I have been an avid reader for a long time!

I have already typed this all out once but there must have been a glitch as when I pressed the 'preview button' everything vanished. (I hope its not posted somewhere I just cant see!)

Here I go again...

In 2003 I had a credit card with £9000 outstanding on it.
I was moving overseas and on the advice of a friend I opted to not pay the credit card off before leaving or provide them with any forwarding details.
I was told by the same friend that after 6-8 years all records of your debts are cleared and no one would be any the wiser.
I returned to the UK at the end of 2007 and am living happily with my partner and our 6 month old baby.

Since being back I have received letters from Debt Collecting Agencies issuing all kinds of threats which I have duely thrown into the bin.
I have received another one from a new DCA (this is the 3rd - I assume when they get nowhere with you they sell the debt on to someone else) who are threatening a doostep call.
I am not afraid of these callers but as I mentioned I have a young baby and now I have my family I am considering just paying the debt and putting the past behind me.

What I really want to know is what happens if I continue the way I have been and dont acknowldge the letters?
What rights do they have to make me pay?
If I dont pay them back will they just keep selling the debt on & on until one day no one will want it?

If I opt to face up to it and make arrangements to pay back the debt how should I go about it?
In my experience from the previous letters I have recevied the DCAs reduce the amount that they are looking for and try to make all kinds of deals.
At a push I can afford to pay a lump sum of £2000 or if this is not accepted then I would have to pay it off weekly/monthly.

I understand from what I have read that before I make any payments I should write to them and get them to actually proove that they own the debt, if they cant then they have to leave me alone, but can they still sell it on? And if they can proove it then what do I do?

I have spoken to my partner about it and he is quite upset. we live sensibly and within our means and neither or us have any other debt, credit cards or loans.
I recenly applied for a mobie phone contract and was refused, I assumed this was because the default was detailed on my credit file but when I joined both Experian & Equifax there was nothing I could see about this. In actual fact there was very little on there at all apart from an old mobile contract which was ok. Now I am really confused.
I have got a long standing current account from before this happened so so far I havent had to test the repuccissions of the default by applying for credit.

As you can probably tell I am very confused about what to do from here.

Any help & advice would be appreciated.

teambathmat

Why did you decide you wouldnt pay your debt before you went abroad?

teambathmat

ETA ...and what makes you think you shouldnt pay it?

prettygreen_3

At the time it seemed like a fool proof way to just simply walk away from the debt without any repercussions. Free Money. I had no intentions of ever coming back so I was basically just being dishonest.

I guess Im older & wiser now but still stuck with this problem and confused about how to deal with it.

Former_Spice

The debts are statue barred and unenforceable after six years. If you don't pay it they can attempt to threaten and bully you but have no legal rights to ask you to pay.

Whether or not it is immoral to not pay them is source of great dispute on these boards.

chigley

Yeah you don't bother about paying mate, all of us honest folks will cover the costs through higher bank charges and interest rates :mad:

costapkt

If you have not paid anything or acknowleged the debt in the previous six years ( five in Scotland ) Then the debt becomes Statute Barred and you do not neeed to pay it. You say debt is from 2003, check the month to see if your six years are up, if not wait a little longer!!! Then if they are still chasing you send the Statute Barred letter to them. Bingo you have won :T
The law is on your side so ignore those people who say you should pay.

prettygreen_3

Thank you very much for your replies - especially Former Spice & costapkt
I would like to say I am sorry to have offended anyones sensibilities with my post, I came here & put all of my cards on the table and admitted to my one & only misdemeanor in life on the understanding that I would not be judged, I was looking for some guidance on how to handle the problem.

view

you will get all kinds of responses from posters on this board, if you put a question up you'll just have to accept you'll receive both negative and positive responses. you put all your cards on the table and admitted to the dishonesty however, this doesn't mean you won't get views from both sides of the coin.

I imagine this is causing you and your partner a lot of stress, which I'm sure you don't need at the moment with your young baby. I would, just to put you and your partner's life back to normality offer the sum of £2k as a full and final settlement. That way the debt is out of your lives and done and dusted forever.

I wish you all the best
GJ x

GeorgeUK

There's a template letter on the board or from the nationaldebtline site you can send.

I'm afraid that your friends gave you some duff advice though.

While it is true that if you have not made a payment towards the debt or acknowledged the debt in writing for 6 years it becomes statute barred, the statute barred clock stops if you leave the country.

If they are able to discover that you were out of the country, you may still owe the debt.

Might as well send the letter and see what they come back with.

costapkt

Cannot find any evidence about being out of country and Statute Barred
stops.
Correct me if I am wrong.