6 year old debt help

bengal-stripe

Fitzy29 wrote:

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

What disgusting piece of "advice" is that.

file_wizzard

simate wrote:

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.

If you don’t like getting postcards through the door which you believe are unlawful then pay the debt as owed, I don’t intend to become involved in the morality issue of debt repayment, however you cant be quoting breach of statute or approved guidelines on one hand, whilst at the same time openly admit to wilfully avoiding your legal obligations to honour the contract you originally signed.

Most people within this forum either previously or currently owe large sums of money, most of them have reached agreement with their creditors, so why do you feel that you should receive advise on how to actively avoid your obligations legal or moral ?

With regards to the continued pursuit of the debt, as I have outlined the creditor or assignees could if they choose pursue you for the sums owed, their options for doing this are of course limited as no further court action would be possible.