Urgent Help!!!

unlucky_lill

Hi all

Wonder if anyone on here can give me some urgent advice.

My mum (72 years old) is a widow. My step-father died 10 years ago. When he died he owed a credit card Co about £1000.00. My mother contacted the co think the name was Associates and informed them of his death. They said that they would write off the debt.

Now she has had a letter out of the blue from a debt collection agency saying that they have been trying to find her (forgot to say she moved house 2 years after step-fathers death) and are now pursuing her for £8,900 which they say is owed on the above credit card. I have only found out about this tonight and she said that the debt collection agency threatened her with bankruptcy. As you can imagine at 72 my mum was scared. I have advised her to seek help from the CAB which she will do tomorrow but I was wondering if anyone would be able to advise in the meantime. This credit card was in my stepfathers name and we know for a fact that the balance was nowhere near the amount that they are stating is owed. Why after all this time come on and threaten my elderly mother with bankruptcy. Can they do this???

Any advice would be greatly appreciated.

Regards

McKneff

Any debt which is over 6 years old (5 in Scotland and has not been acknowledged or nothing has been paid off it, is statute barred does not have to be paid and cannot be chased. In fact they are breaking the law by doing so.

Reassure your mum that this non enforceable. Someone will be along soon
with a template letter for you to fill in (or your mum) and send off.
Just one word of warning never sign the letter, print the name at the bottom.

There actions are disgraceful to say the least.
Good luck.

edit. I'd love to see your mums face when you tell her.:j:j

debt_doctor

Hi,

If there has been a clear period of 6 years where no one has either written to the company about the debt or made a payment then this debt is statute barred under the limitations act. This means that they can never take any legal action, ever.
Ask the CAB for a 'stat barred letter'

DD

debt_doctor

Snap !

DD

fermi

Just to add, she is not liable for his debt.

It would have to have been paid out of his estate, or if there wasn't anything to do that, written off.

So..........

a) She is not liable.
b) As said it is statute barred anyway.

But as a precaution: Statute barred debts - Links and letters.

fermi

Oh, and make sure she doesn't talk to the debt collectors on the phone.

These [STRIKE]scum[/STRIKE] people will lie and tell her all sorts if she does.

unlucky_lill

many thanks for all your replies. I thought that was the case but just wanted additional advice to be able to put her mind at rest asap. These debt collection agencies how awful, devious, scum baggy they can be. I have given mum the advice you kindly gave and will print off letters as advised. I have told her not to speak to anyone re this debt and ask them to put all info in writing.

Once again many thanks from me and my mum xxxx

McKneff

aahh, i luva an 'appy endin, me.

magpiecottage

Have a look at this thread for my template letter to send to the DCA.