being chased after 6 yrs!

kickingkay

hi can you help i know there are some on here who really know how to deal with this,
i separated in 2000 from my husband moved into rented accomadation anyway we got back together im sure it was july 2000 and i moved back to the martital home anyway i just got this letter this morning from a company called LOWELL portfoliol
for a £10. debt to sky subscribers ltd
now this is the first i have ever heard about this debt EVER! they have wrtten to tell me they have been instructed by sky to collect this outstanding debt now ive moved twicew since leaving that property back to the marital home as i said where sky was in hubby's name but with a few checks they caould have easily found me (im not trying to shirk this) but why after almost 6 ys have they come after it now? it makes no sense what should i do and where do i stand legally, any ideas pleasethanks
klare

file_wizzard

If the debt is yours ( further investigation advised), and it is over 6 years old without admission, or payment by the debtor then legally it is statute barred under the limitations act 1980.

However mindful that it is only £10 it may be better just to settle it, I realise there is a moral standpoint as they have left it so long, but if a default is registered (even without a CCA agreement) then it seems like a lot of pain over £10

sportbeth

But if there is a danger it's not yours why pay up? I'm sure someone else would have asked you for it by now if it was yours.

A copy of the letter to use if you believe the 'debt' is barred under the Limitations Act - send it recorded delivery, costing you the grand sum of 66p + stamp as opposed to £10

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I 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.”.

The last correspondence/payment/acknowledgement 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 in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

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

I look forward to your reply.

Yours faithfully

(Your signature)

Bossyboots

I think it would be wise first of all to check that the six years is in fact up.

If the Sky was in hubby's name though, I can't see how they can expect the OP to take responsibility for the debt so they must just be trying it on.

Sea78

Don't pay it!

If you do then it could just be the tip of the iceberg to get you involved again before the 6 years is up.... they may well be trying it on...perhaps ignore it until August.

Sea xxx

kickingkay

sorry just a thought, but if i did owe this £10 sky subscription wouldnt it show up on my credit report taht the account was defaulted or something its just ive checked and there is nothing on there at all?

thanks klare

skylight

There are lots of scams that relate to Sky - lots of posts on these boards about different people who get "bills" from collection agents (some who have never even had Sky!) Scam merchants rely on the "its only £10, just settle it" and other miniscule amounts.

I am not saying that this is a Scam, but write back politely telling them you have never had Sky in your name and you do not owe any money or better still, as per Sportbeth post.