19 year old debt

straycat44

Just been contacted by a debt agency about a debt that is 19 years old. We are not sure what it is and the agency can only say that they bought the debt from Abbey Nat this month. During this time we have had current account and mortgage with Abbey and never had any contact about owing money until now. Himself thinks it may be something from before we met. Is it legal to be chased by this debt agency now. We are at our 3rd address having moved here 10 years ago but Abbey have always had our details so they had the chance to contact us direct.

Godders

Hi

I've split your post out into a thread of it's own, more people will see it that way

Regards

Godders

chuckyegg

Hi

If you haven't paid anything to the debt or acknowledged it for more than 6 years, then it becomes statute barred which which means that you can't be made to pay. The only question is, is this an account which was in use during recent years?

Valli

Are you married? Have they contacted you as a couple or is the letter addressed solely to your husband/partner?

jonesMUFCforever

Tell the debt collection agency that you dispute the debt - this will result in it being sent back to Abbey - they will either contact you direct or you may not hear from them again about it.

If the debt has not been acknowledged in any way for at least 6 years then it is statute barred and they cannot enforce it against you.

straycat44

Valli wrote: »

Are you married? Have they contacted you as a couple or is the letter addressed solely to your husband/partner?

No only addressed to husband. On contacting the debt agency they told him it was a loan taken out in 1990, and we were only dating then. If I leave it to him a letter won't get written this week so I will put together a letter (for him to sign) stating he disputes this debt and refer them back to Abbey. Do I cc to financial ombus...my minds going overtime and am already worrying about credit scores, debt collectors - I appreciate that the agency is only chancing it 's luck but ....

My thanks to you all, for your replies, I really appreciate your knowledge. Have been a reader of MSE but never posted.

Valli

with your letter

Obviously keep copies.
Consider sending recorded delivery and dispute the loan. But as it's statute barred you should be ok. They are just 'chancing their arm' IMHO.
I am NOT recommending this website - just linking to show you the law...

gratefulforhelp_2

I think if its a mortgage debt, its 12 years.

ALIBOBSY

My understanding was if it was a mortgage 12 years and if a normal loan or credit card 6 years.
It is possible they are trying to track someone with the same or simular name, and will send out random letters to try to track them down. The oft frown on this, but dent collectors don't give a monkeys about the law, the oft and official debt collection guidence.
Defo query it in writing. DO NOT SPEAK TO THEM OVER THE PHONE. They will bully, lie and threaten over the phone and try to get your number so they can harass you day and night.
If this is his debt and is statute barred they are allowed to ask for it once. When it is pointed out as staute barred they are not allowed to pursue.

ali x

straycat44

Valli wrote: »

with your letter

Obviously keep copies.
Consider sending recorded delivery and dispute the loan. But as it's statute barred you should be ok. They are just 'chancing their arm' IMHO.


Thank you for the web link, it gives me more weight to add to the letter,as in quoting year of acts etc.

Despite being a lovely sunny day I will write this now and get it sorted. By the way letter from d.agency stated it was a loan, there can't have been much left to pay 19 years ago - interest and 'costs' have bulked it up to £1400 being owed.

fermi

Statute Barred debts.

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)

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the 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".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other