Help needed urgently !1

bankkiller

Its been about 5 years since i last made a payment or had corropondance with the companys...

I live in England but have moved several times but just recently they tracked me down sending a letter to my address if i live there or not..

I know i was young a niave but is there any solution to sort this out i am still a student and dont have any means to pay it of it is impossible...

jatos

You put yourself in a tough spot here. Clearly they have not done enough to check identity...

At the same you've commited fraud, and you could well be in the ****, in fact you almost certainly are.

I am not sure what to suggest, CAB may help, but if you commited fraud, they may also report you in some form.

Also about the statute of limitations which GeorgeUK is referring to, I think you will it doesn't apply to fraud. This is the time to if you can get some legal advice.

Doesn't alter the fact your caught between a rock and a hard place. Just remember, what ever happens, you will be able to get past in due time, and get on with your life, and if its causes when * load of problems in the meantime.

GeorgeUK

It is important that you know the date you last made a payment or wrote to them acknowledging the debt.

You may be able to stall a little by stating that you do not acknowledge the debt and require proof that a debt is owed, then perhaps making a CCA request and seeing if the debt is actually enforcable or not. It may depend on whether they have CCJ's for the debts, but i can't see what alternatives you have if you have no means of making payments.

Marthasdad

Hi, I'm by no means and expert, but I really do think you need to get some advice - try the CCCS (Consumer Credit Counselling Service) - they certainly won't report you or judge you, but just give you some honest advice...

Good luck!

RAS

jatos wrote: »

I am not sure what to suggest, CAB may help, but if you commited fraud, they may also report you in some form.

Also about the statute of limitations which GeorgeUK is referring to, I think you will it doesn't apply to fraud. This is the time to if you can get some legal advice.

I seriously doubt if CAB would report you.

And I doubt if the fact that you lied about you age has any relevence to the Statute of Limitations.

bankkiller

Will the debt be clered after 6 years its been 5 all ready ? Have just booked a appointment with CAB hope they can help !!

GeorgeUK

After 6 years of no payments being made, the debt will become statute barred.

The debt will still exist, but it won't be enforcable and payment need not be made. They would not be able to enforce it through the courts as long as you defended the case. Your defence would be that the debt is statute barred - the court would throw it out.

I would try to get details of when the last payment was made towards the debt before writing to them or allowing anyone to contact them on your behalf - this could restart the clock if it is not time barred.

Edit: The only way this debt could not be statute barred is if there is a CCJ against it. You will possibly need to check on this later, but if there were a CCJ, i'm sure the DCA would inform you of this.

rayday2

I thought it was 6 years of no contact for chasing not of someone just not paying for 6 years, I could be wrong. But I thought if they could prove they had contact with you then you are liable.

CAB will know for sure.

RAS

rayday2 wrote: »

I thought it was 6 years of no contact for chasing not of someone just not paying for 6 years, I could be wrong. But I thought if they could prove they had contact with you then you are liable.

CAB will know for sure.

Hi

it is 6 years since the debtor last contacted the creditor in writing or last made a payment, although DCAs are always telling people otherwise.

rayday2

I found this not sure if it helps:

OFT Debt Collection Guidance

The Office of Fair Trading (OFT) has issued Debt Collection guidance which looks at whether a debt is being collected fairly. They say:

• It is unfair to pursue the debt if you have heard nothing from the creditor for 6 years.