Chased for debt after six years

Debtor73

Moorcroft are no longer dealing with my account after six years. I paid them regularly a few pounds a month. The debt is no longer on my credit reference file with Experian. The debt is for less than £300. A new firm is threatening court action. I thought this was not possible after six years. I don't mind paying a few pounds each month, but I don't like threats. I would appreciate any suggestions.

10past6

Opps, posted incorrect template letter

fermi

10past6 wrote: »

Providing 6 years have passed (5 in Scotland) since any last association with the debt, then send them the bog off letter:

If they have been paying for the last 6 years, then the account cannot be statute barred (if it wasn't at the start).

10past6 wrote: »

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.

I would point out that I have no knowledge of any such debt being owed to (insert company name).

Erm................ And that is not the statute barred letter anyway.

Debtor73: What was the original debt for?

10past6

fermi wrote: »

Erm................ And that is not the statute barred letter anyway

opps :eek: you're correct fermi, I've got my letters mixed up! :rotfl:

Does it show I'm having one of those days?

Debtor73

The debt was from a catalogue company.

never-in-doubt

Debtor73 wrote: »

The debt was from a catalogue company.

Then chances are they do not even have a CCA so to be honest i'd just ignore whoever it is chasing you cos they cannot add anything else at the CRA's unless they went for a CCJ which for a small debt, without the agreement would be rather stooopid and fruitless.....

Debtor73

Is there any chance that my credit record could be damaged by this firm even though the original debt is more than six years old?

never-in-doubt

Debtor73 wrote: »

Is there any chance that my credit record could be damaged by this firm even though the original debt is more than six years old?

Read above post - only if they try for a CCJ in which case you would aim to get it set-aside whilst you CCA Request them..... No default can ever be added again, it's now gone for good.

kai666

not an expert on these matters, but surely if you have been paying small amounts, it's not statute barred?

never-in-doubt

kai666 wrote: »

not an expert on these matters, but surely if you have been paying small amounts, it's not statute barred?

Correct it isn't but after 6 years of default being registered it disappears from your credit file and cannot return. So technically, whilst the debt does remain no1 can add anything to the credit file about the account cos it is now dead and burried, so to speak.

However, as a result I would not pay again - but then that is a personal decision (each to their own). The DCA cannot take any action other than attempt to obtain a CCJ which is unlikely.... if they do you get it set-aside easily enough by offering payment or CCAing them.....

I s'pose the last and probably best option would be to make a F&F offer of £100 (then follow up with £150 if they say no) to close it once and for all. They may well accept it - you never know!

fatbelly

If the debt is pre april 2007 (which it is) then it's worth requesting a cca.

If they can't provide one, most catalogue companies agree with the assertion that it is unenforceable (which it would be)

How easy it would then be to get them to agree not to pursue the debt depends on who the catalogue company is, vaying from easy (J D Williams) to impossible (Studio).