debt from years ago

mavis_2

hi, can someone please help. i have a debt from years ago, its been over 7 ears since i paid anything towards it, but today i recieved a letter regarding the debt, the last letter i recieved was 3 and a half years ago. The thing is since then i have got married but it is my debt not my husbands and i dont think it would be fair for his income to be included in any payment plan also someone told me that because i haven't paid anything in over 6 years the debt should be cleared, is this true?

ksh123

Hi
its certainly my understanding that debts over 6 years old are noi longer "live". But there does seem to be a new type of debt collector around who try to re-coup these debts.
Don't respond to the letter, ditch it! And if you get any phone calls from companies you don't recognise asking you to confirm your details like dob etc politely (or not!) refuse.
I have had a similar experience re a debt that was paid off years ago - so long ago I can't even prove I paid it. These companies have threatened me with court etc but I have steadfastly ignored them and no action has been taken.
Don't let it upset you. They are just trying it on (well that's my view )

CIS

I think the statute of limitations applies to notification, if you have been notified of an outstanding debt within the last 6 years,and that letter was no more than 6 years after the original debt, the debt still stands.

Best bet is to speak to the CAB or a solicitor.

Apple_2

From my understanding, if you've made no acknowledgement/acceptance of the debt, nor any payments, in the last 6 years, then it is statute barred. That means it can't be pursued through the Courts BUT debt collectors can still hassle you/chase for payment ie the debt still exists but can't be legally enforced. So they can't legally force you to pay. The important one exception to the above is if a CCJ has been issued on this debt - if one has it isn't statute barred. The other exception is mortgages, but this didn't sound like a mortgage.
Would suggest you check your CRA's to see if a CCJ has been issued.

mavis_2

hi, the debt is from an old overdraft from before i had my first child since then i have moved a number of times so lost track of everything and to be quite honest i actually forgot after a while that i owed this, i will check whether i actually need to pay this but it is a weight of my mind at the moment as it is around £1100 and after the washing maschines and cooker have packed up it was quite a blow to get this letter, thanks for all your help!