Aaaaargh My mums done something stupid!

alicia113

I was waiting for the statute of limitations to run out on a debt that I had (it's 5 years old) and the DCA wrote to my mum and she made a payment on it!:mad: Is there any way out of this?

PS I didn't pay the debt on principle - it's a long story but I don't want people to think I'm a scam artist!:A

Thanks for any advice

ANewEra

I don't know masses about this, but I do believe that if you acknoweldge the debt then it would be a further 6 years before it would be statute barred.

I'm sure someone with more experience of this will be able to tell you more though.

But also think, it's if the DCA have not acknowledged it in 6 years, so by them contacting you I think that would have broken the 6 year thing rather than your Mum.

sdt1986

What were they doing writing to your mum and allowing her to pay without your permission?

sdt1986

ANewEra wrote: »

But also think, it's if the DCA have not acknowledged it in 6 years, so by them contacting you I think that would have broken the 6 year thing rather than your Mum.

Incorrect, it's all about you acknowledging the debt not the collector.

RAS

You really do need to talk to someone like NAtional Debtline as your mother MAy have scuppered your chances of this debt becoming SD.

The other options might be to look at the CCA if it was that type of debt or the default letter. If either are faulty, then you can defend any legal action

fermi

sdt1986 wrote: »

Incorrect, it's all about you acknowledging the debt not the collector.

Correct.

WRINKLES

no one can acknowlege a debt for you if you have not made contact then the debt will be statute barred six years from your last payment

fermi

Problem is, can you prove that this payment was not made on your behalf by your mother?

The limitation period can be restarted by a payment made by someone acting with permission on your behalf. May be difficult to prove if push comes to shove.

fermi

RAS wrote: »

You really do need to talk to someone like NAtional Debtline as your mother MAy have scuppered your chances of this debt becoming SD.

Would be interesting to hear what they say.

Where does the burden of proof lie? Especially if it went to court?

I've idly pondered this situation before, but never looked too deeply.

vaporate

Worst case scenario, I would let your mum pay it. Her fault.

alicia113

vaporate wrote: »

Worst case scenario, I would let your mum pay it. Her fault.

I'm very tempted but I'm more worried about it being on mycedit report or another 6 years even if it is paid off. The DCA didn't write to her, they wrote to me at her address and she opened the letter an made a payment.