6 year debt an impossibility? Please explain...

ricrea

I have spent two hours researching this 6 year debt legality.

I have just phoned a help-line for advice and received some conflicting information:

"if the company in question has tried to contact you within the six years then they are entitled to keep requesting payment"

but on most sites it states if you have not admitted debt or made payment in six years or made (not recieved) any contact then you can send the letter covering Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

So the advice from the helpline suggests if a company has sent a letter at ANY time trying to contact you, whether you recieved it or not, then this counts as contact.

If that was the case wouldn't companies simply send one letter within every six year period to satisfy this clause therefore making all debts justifyable for recovery in every case??? As all debts start from an individual at SOME address to start with- so they will always have an address to send correspondence to.
Even if they do not it was suggested that just trying to make contact will surfice ie they could send the letter anywhere as long as it is filed by the creditor.

So my question is, how can ANYONE request a debt be written of etc, if they cannot be sure if a letter demanding payment has been sent at some point to some address?? ESPECIALLY as many forum users have sent the 6 year letter as result of recieving a demand for debt???

Am I missing something? or simply confused, or was the helpline not entirly true, he did mention his ally debt consolidation co.....

The debt was originally £1282 phone bill. :embarasse
any response would be greatly appreciated!

fermi

ricrea wrote: »

So the advice from the helpline suggests if a company has sent a letter at ANY time trying to contact you, whether you recieved it or not, then this counts as contact.

Whatever advice line you contacted, then haven't got the faintest clue. :mad::mad::mad:

Acknowledgement must be by YOU in WRITING or by making a PAYMENT.

Ignore all the rubbish they have told you.

The law is clear, and says that........

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_4#pt2-pb2-l1g37

30 Formal provisions as to acknowledgments and part payments

(1)To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

(2)For the purposes of section 29, any acknowledgment or payment—

(a)may be sent by the agent of the person by whom it is required to be made under that section; and
(b)shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.

fermi

Also read: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

ricrea

thank you. I thought this sounded strange.

So although they have sent debt letters over the years to my parents address, being that I have made no contact TO THEM whatsoever, I can pursue the option for debts +6 years old?

I shall phone them back! Thank you

ricrea

Just phoned them back....

First thing they asked is "are you a customer of ours" customer for debt advice...hmmm

Then they lost the name of the person I spoke to, and told me he was wrong lol.
Obviously wanted me to take advantage of their debt consolidation helpline...

Now all I need to do is find out exactly who the debt was originally with (paperwork does not disclose), without making contact.

Although I know the debt is +6 years old as my credit check shows debts started all before feb '03.

Do I need to do this? Or does writing to the debt collecter surfice? Do I need the original creditor's address to write to?

Thanks so much everyone for your responses!

ricrea

"FERMI: Don't phone them. They will more than likely lie to you about the law.

Debt collectors will do that, and we see it frequently.

Instead send the letter in the link I posted. "

- I meant the fake national advice line I used!

fermi

ricrea wrote: »

Or does writing to the debt collecter surfice? Do I need the original creditor's address to write to?

You send the letter to whoever is demanding payment. So in this case, it goes to the debt collector.

It is then up to them to prove the debt is not statute barred. If they can't then they should not contact you again.

fermi

ricrea wrote: »

"FERMI: Don't phone them. They will more than likely lie to you about the law.

Debt collectors will do that, and we see it frequently.

Instead send the letter in the link I posted. "

- I meant the fake national advice line I used!

Yep. I realised after I posted. :rotfl:

Was trying to read about 3 threads at once.

ricrea

thanks Fermi you are a diamond!