Small debt advice

saveumcowboy

Hello,

About a year or more ago I was suddently contacted by a company called active capital, they said I owed a small sum (less than £200) and I needed to pay, this was at first by phone then by letter. Anyway the debt was so say from my old address and so was from 11 years ago at least, that is if it was mine. Anyway they wrote to me a few times and after speaking with the national debt line they said to send them a statute barred letter, which I did, by recorded delivery. They still continued to send me letters and call me for about 2/3 months after, when they called I just said that a letter was sent to them recorded delivery and please could they refer to that and please could all contact be done via letter. The last time they phoned I said to them again that I sent the letter, that the debt was statute barred and if they continue to call me I will report them to the ombismen for harassment as I have asked to be contacted only via the post. A week later I recieved another letter from them just saying again how much I owe.

Anyway I haven't heard from them since, this was about a year ago I guess. The thing is I have a horrible niggling feeling about this. I think that they may suddenly turn up saying I owe them lots and lots more money because they have added some rediculus interest on the debt.

I was just wondering if anyone had any advice? Should I contact them? Or do you think they know that they have no debt to chase any more?

Tixy

Hi

Leave it as it is. If national debtline agreed it was statute barred then you cannot owe any money.

Once you have told them its SB and don't intend to pay they should never hassle you again. If they do contact you again report them to the OFT.

Equally if you find they add anything to your credit report you need to demand its removed and make a formal complaint and report them

saveumcowboy

Thanks for your reply.
I think one thing is that the second person at NDL contridicted the first. I can't remember if I owe any money but the possiblity is that if it was me then it may have been an overdraft I vaguely remember having one but thought I had paid it off, maybe I didn't. Anyway if it was an overdraft apparently it is different rules and the SB rule doesn't apply.
It is all so confusing. I know the people at my old house and there has been no letters sent to them at all for me over the 11 years as they pass on any letters.
My husband says I am a panicer!

McKneff

Yes, i would definitely stop worrying now, they really dont have a leg to stand on and if its been a year, just move on.

As Tixy says, if there is anything dodgy happens, then report them.

fatbelly

saveumcowboy wrote: »

. Anyway if it was an overdraft apparently it is different rules and the SB rule doesn't apply.

My husband says I am a panicer!

He's right!

Whether or not a debt is 'statute barred' is governed by the Limitation Act (in England/Wales). The relevant period is still six years on an overdraft, though when the clock starts ticking is slightly different from a credit card etc.

But with an 11-year gap they will definitely be well out of time.

So follow Tixy's advice. If it comes to a complaint I would recommend complaining to the Financial Ombudsman Service (who will investigate and may award compensation) AND the OFT (who may give the collection agency a slap). A quick google will show you how to do it, or just ask.

saveumcowboy

Thank you so much, you have put my mind at rest.