6 year old debt help

phatbear

simate,

there is a hefty post regarding this situ:

http://forums.moneysavingexpert.com/showthread.html?t=73675

the main points are:

if you owe money for 6 years, thats 6 years since the last payment and have never responded to a letter, phone call, caller etc then the debt becomes statute barred and as such is'nt really enforceable.

any letters saying someone is gonna call is usuall crap, ive nvr once had anyone come calling.

send the letter which in my pocket has posted then they should leave ya alone,

however the most important thing is to confirm that the debt is over 6 years old

all the best

the bear

Fitzy29

Even if someone does call arund, just deny anyone by 'your' name lives there.....

...'who, nah never heard of 'em mate...bye' door closes. easy

simate

Thankyou, just basically looking for someone to ease my mind a bit.

inmypocketnottheirs

simate wrote:

Thankyou, just basically looking for someone to ease my mind a bit.

Best advice is as fitzy29 says, act dumb (if you need lessons pm me!) and close the door. DOubt they will turn up, it's scare tactics from a bunch of spineless bar stewards.

simate

inmypocketnottheirs wrote:

Best advice is as fitzy29 says, act dumb (if you need lessons pm me!) and close the door. DOubt they will turn up, it's scare tactics from a bunch of spineless bar stewards.

I really hope nobody does turn up, I was only worried about it as that's the first time I've had anything like that.

Neeky

simate wrote:

Well I got my creditexpert pin and have looked at my credit report. the loan in question shows as having been settled on 15/04/2001, not by me I might add, I assume when they sold the debt on. As it shows on my credit report as settled does that mean I'm off the hook or not?
Oh and I have no ccj's
Another thing is it shows me not having lived here since late 2003 because of not being on the electoral register so they can't be sure I live here, or can they?

You still have 8 months before your 6 months is up, don't count your chickens yet!

sjcjd

Hi,

I agree with SouthernScouser. They cant do jack even if the Credit People tell you they can - yes they can call on you - you just have to tell them to go away..

They have NO rights at all to do what ever they say they can - they cant enter your home - need a ccj etc for that! So dont worry ok. (Been there and done that with the doorman who thought otherwise-he wernt that big, lol).

My advice is contact your local CAB right away. They always have people who can help you-ALOT.

SJ

simate

Neeky wrote:

You still have 8 months before your 6 months is up, don't count your chickens yet!

That date has nothing to do with me though, I didn't make a payment since July or August 2000. I assume that in 2001 is when the loan company sold it on hence it showing as setteled on that date, it was defiantely nothing I did.

file_wizzard

simate wrote:

That date has nothing to do with me though, I didn't make a payment since July or August 2000. I assume that in 2001 is when the loan company sold it on hence it showing as setteled on that date, it was defiantely nothing I did.

The 2001 date is irrelevant to the OP as it shows when the debt was marked as satisfied by the original creditor, not when it was defaulted, the information will remain on the OP's Credit file for 6 years from the date of default, not settlement.

However through out the thread the OP has not stated that he disputes the debt, is there a reason why there has been no offer of payment if an amount is outstanding?

The limitations act will prevent further court action, however the creditor or assignee would be lawfully entitled to pursue the debt under contract law even after the 6 years has expired, there are of course boundary’s to how they can pursue you for this and obtain payment, but the Limitations act was enacted to protect all parties involved in a contract, as well as the court service and contrary to popular belief it's main purpose is not to aid debt avoidance.

simate

file_wizzard wrote:

The 2001 date is irrelevant to the OP as it shows when the debt was marked as satisfied by the original creditor, not when it was defaulted, the information will remain on the OP's Credit file for 6 years from the date of default, not settlement.

However through out the thread the OP has not stated that he disputes the debt, is there a reason why there has been no offer of payment if an amount is outstanding?

The limitations act will prevent further court action, however the creditor or assignee would be lawfully entitled to pursue the debt under contract law even after the 6 years has expired, there are of course boundary’s to how they can pursue you for this and obtain payment, but the Limitations act was enacted to protect all parties involved in a contract, as well as the court service and contrary to popular belief it's main purpose is not to aid debt avoidance.

Regarding 'contract law', the creditor or assignee are not entitled to persue anything if the debt is statue barred, 'contract law' doesn't even come into it as far as I've read. I just read up on 'contract law' and really don't see how it could apply. 'Contract law' isn't mentioned anywhere in these cases so I am confused why you mentioned it

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account. (They sent letters now and again but not recorded delivery so they couldn't prove that I actually received anything could they).

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970. (I will let some more time pass then maybe send a letter saying I will not be paying the money owed).

The Office Of Fair Trading states that it is considered unfair practice for a debt collector to not make the purpose of any visit clear , merely stating that collectors or field agents will call is not sufficient. This would apply to the postcard I got on Saturday because it simply stated a day and no date, also it just said to 'discuss a personal matter'. I know what it's for, but it is unclear in anyone's eyes.