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Does Debt 'Expire' So To Speak?

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  • Fighting depression and debt- you go girl.

    Sorry if I looked like I was being stroppy - it wasn't intended. Looks like you're doing a lot of the right things.

    About your debts and how long they stay on record have you tried Experians credit expert website. There's a whole host of FAQ' on there.

    Good luck
  • Claire_DC
    Claire_DC Posts: 1,269 Forumite
    That's ok, i didn't take offence at all.. i thought it might be better to be totally clear on it though as that way i might get better advice too. I just didn't want to list it all out in one long post as they're quite hard to take in at times i feel.

    I have got my free trial of credit expert atm, haven't looked at the FAQs i don't think though.. well i might have skimmed over them but more for the use of the site itself.

    Thanks for the encouragement about the double fight i'm having.. it's gonna be tough but i think at the end of it, that i'll be glad i did it.

    Hopefully won't mess up once i find a good place to start!!
    Lost lbs =
    Gained £s = Quidco £261.90, Free Fivers £22.26, Matched Betting
  • Claire_DC
    Claire_DC Posts: 1,269 Forumite
    Does anybody know of a discreet way to find out when my last contact with my 6 years + debts were?


    Thanks in advance. x
    Lost lbs =
    Gained £s = Quidco £261.90, Free Fivers £22.26, Matched Betting
  • Claire_DC
    Claire_DC Posts: 1,269 Forumite
    Claire_DC wrote:
    Does anybody know of a discreet way to find out when my last contact with my 6 years + debts were?


    Thanks in advance. x



    Anybody?

    Only i've just heard from the Abbey National Visa Card Debt.. they say they have assigne ownership of my account to 1st credit ltd and to please make sure all future payments, correspondance or queries regarding the account are made direct to them. I have had letters from first credit before but i don't know if i have ever responded to them, i dont think i have but i just don't know. I wouldn't like to send a letter as above and then find out that i've just landed myself in it.

    It just seems a bit odd now that i'm getting a letter from abbey when i haven't heard from them about it since i started getting letters from 1st credit years and years ago! :confused:

    I'm still trying to fight depression and sort things out for myself but i don't wana land myself in it with these if i don't have to just yet. Please note that i am not trying to shirk responsibility, but i gained a lot of these debts after suffering very traumatic experiences and wouldn't like them to have a hold on my life for any longer, but i really can't afford to pay them either. :(
    Lost lbs =
    Gained £s = Quidco £261.90, Free Fivers £22.26, Matched Betting
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    I recently had a tussle with the Council Tax People over an old debt, whilst i managed to wriggle out of it with a few fibs they must have used a tracing agency to find me, im a bit peeved as shortly afterwards i recieved a letter from an agency regarding another old debt from over 6 years ago, polite in nature as they know they have no rights to collect the debt now, point being that the council tax office MUST have shared the info they recieved from me with the tracing agency, old debts do find you eventually, its not current now due to the time elapsed but surely the data protection act should have forbidden the council from sharing my info?, the tone of the letter gave away the fact they had no hope, "at a mutually convenient time an officer may call round to discuss the debt" and "an offer of payment below the debt amount may be accepted if you contact us immedietly" which makes a change from the usual "the baliffs are coming to seize your goods" attitude
  • I recently got a letter from the DWP asking for £131.86 back from over paided income support going back to 1998.
    I am convinced I have paid this back approx 8-9 years ago.
    I have had no contact until now about this. I have being receiving other benifits ie Working Tax and DLA so I have not being hiding from them.

    Does the Limitations Act 1980 include this kind of debt?

    Any help please?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Anne_Lynas wrote: »
    I recently got a letter from the DWP asking for £131.86 back from over paided income support going back to 1998.
    I am convinced I have paid this back approx 8-9 years ago.
    I have had no contact until now about this. I have being receiving other benifits ie Working Tax and DLA so I have not being hiding from them.

    Does the Limitations Act 1980 include this kind of debt?

    Any help please?

    It does, but if if the debt is legitimate it only stops them taking court action. They can continue to deduxt it from ongoing entitlements.

    Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)
    Benefit Overpayments & Social Fund Loans

    The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this. This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Can you prove that you paid the amount back, do you have old bank statements or letters to provide evidence against there claims?
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • onlypaddy
    onlypaddy Posts: 991 Forumite
    Debt-free and Proud!
    just to clarify - debts are NEVER written off. After 6 years from 'last acknowledgement' they are simply unenforceble - the limitations act mentioned previously only prevents companies from attempting to collect the debt to the extent it is tantamount to a crime to do so. they also can no longer report to credit agencies about the debt so it will drop off your file after another 6 years.

    the debt will always be owed by you, just nobody will be able to collect it
    Debts at LBM (May '08) £5760 - Lloyds CC £4260, Lloyds OD £1500;
    Debts as of May 28th 2011:
    Santander CC: £0.00
    Lloyds OD : £0.00
    DFW Nerd #1247 - Proudly dealt with my Debts :D Olympic 2012 Challenge #12
  • I've just come across an old thread that answers many unanswered questions I had. I still have a couple outstanding if please help.

    It was mentioned that after 6 yrs of unacknowledged response to any request for money. If they sent me letters or phone calls, I'm assuming this doesn't account? Furthermore, if I send the template letter shown earlier in this threat, isn't that acknowledging a debt (if within the 6yrs)?

    Basically, I've not long paid off all my debts. Seperated from my wife and kids, using a Basic Cash Account, and struggling to get by.. - But not getting into debt.

    Last month I received a letter from an Style Card store account debt of £900. Its there abouts 6yrs ago, but I can't be sure.

    So one last quick question. How can I find out when the last acknowledged response from me was, (the start of the 6yrs).

    Thank you for any assistance, and any resources you may know of.
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