Help needed please!!

cherub1971

I am hoping someone can help me with a debt problem.
I spit with my ex-husband almost 8 years ago and we had several debts together. One of which was a loan to Loyds TSB for approx £8000. At the time I tried to pay the loan but I objected to paying the full amount as it was in joint names. I was told that they would recover the money from whoever was willing to pay. As my ex-husband was not willing to pay, I stopped paying.
The debt was taken over by 1st credit, who hounded me to pay. Again I told them that I was willing to pay half but would not pay my ex-husbands. They said that because I had aknowledged the debt, they would persue me for the full amount as they couldn't trace my ex-husband. I gave them his address but still they wanted the full amount from me. Again I refused to pay. I have tried many times to come to some arrangement but without success.
Many years have passed and I have moved 5 times and been remarried so have a new surname. I have no CCJ's, I have a mortgage and my credit history has always been fine with no sign of this outstanding debt.
In the past month, I have received several letters in my previous surname, from a local baliff/debt recovery company once again asking for the money. I have ignored all the letters but dont know what to do. I am not sure whether 6 years has passed since I aknowledged the debt so cannot assume that is statute barred.
This is my first post on here and I am hoping that someone can advise me. Many thanks

gonzo127

The question is did you acknowledge the debt IN WRITING or only on the phone? The big difference is if it was done on the phone it means nothing! Statute barred is based on payment or written acknowledgement of the debt within the last 6 years

Also I would not worry about the damage on your credit history, I believe (however I am sure someone will say otherwise if I am wrong) a default can only be placed on your credit file within the first 6 months of you not paying so if there is no default they shouldn’t be able to put one on now,

As to the bailiffs and debt recovery company, just remember they have NO claim to any of your assets ONLY a court appointed bailiff can seize assets, and they are only granted once a CCJ has been issued and defaulted on.

I would probably send the prove it letter from of this site BUT DO NOT acknowledge the debt in the letter

cherub1971

thanks for that Gonzo.
I am not sure whether it was in writing or not, I really can't remember. I do know that it is definitely 5 years since I had any dealings with them at all.
I have seen the letter on here but my only worry in sending it is that I may be admitting that it is me at that address whereas I havent responded at all.

gonzo127

the prove it letter inplicity states you know nothing about it, it is not saying hey this is me and i live here, it is saying i know nothing about this so you have to prove this debt is mine

the problem with not responding (in some cases) is that if they do decide to try and get a CCJ awarded in court you will have to justify why you didnt respond. i know it feels like a catch 22 situation however the prove it letter will put the debt collection on hold until they send you some information

it also states you do not acknowledge the debt, so it can not be used against you in a statute barred situation, however can be used by you if it isnt quite statute barred and they try and rush it into court as it will show a judge that you have tried to get the details and that you have shown some willing to deal with it IF it is your responsibility

just remember if you do decide to send the prove it letter, DO NOT sign it with your proper signature, just sign it digitally in block capitals, this is because it is not unknown (although not common) that a DCA will scan and copy someones signature onto other documents as 'proof' that they agreed something when they didnt

RobertoMoir

At the end of the day, debt collectors can't actually do a lot to you if they are unwilling to take a debt into court. And most are for a variety of reasons I won't bore you with.

Debt collectors can't take your stuff off you, they have no right to harass you on your doorstep or on the phone.

I think Gonzo has given you a few good openings - they have to prove that they have the right person and that you really do owe the debt... If you don't acknowledge the debt for 6 years and they don't obtain a CCJ then its statute barred.