How long does a company have to chase a debt?

Hi there!

Wasn't sure where to post this, so I opted for here!

A phone company have just got in touch - I estimate around 3yrs after the event, maybe longer - threatening legal action for an unpaid bill. This was in disupte at the time, I thought that they had agreed that I did not owe them any money as they never chased me.

However, I have suddenly had two letters this week demanding payment. They claim that they have contacted me a number of times and I've ignored them - this just isn't true.

How long after the 'debt' was accrued do they have to chase it? Can they chase the debt from me after so long?

My initial reaction is to say I'm not going to pay as I was originally in disupte with them. However, I don't think I have any paperwork (plus just had a fire at home, flaming timing!). I did have many 'debates' with them over hte phone - perhaps they have recordings of those?!

Help needed quickly please!

Thanks guys

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Comments

  • gonzo127
    gonzo127 Posts: 4,482 Forumite
    Part of the Furniture Combo Breaker
    well statute barred ruling mean they can chase a debt up to 6 years after the last payment or written acknowledgement of the debt.

    now if you are unsure on the details it would be worth firing off the prove it letter here http://forums.moneysavingexpert.com/showpost.html?p=23624459&postcount=3 to get them to send you the details of this debt

    as to getting them to admit that the account was in dispute and using their own records against themselves, well in reality you stand no chance on this, they will more than likely say that your conversations were ones that they didnt record (they always have the sound bite of we might record this conversation)

    also when dealing with them always do it in writing and always do it recorded delivery, telephone conversations are generally less than useless!
    Drop a brand challenge
    on a £100 shop you might on average get 70 items save
    10p per product = £7 a week ~ £28 a month
    20p per product = £14 a week ~ £56 a month
    30p per product = £21 a week ~ £84 a month (or in other words one weeks shoping at the new price)
  • Jesthar
    Jesthar Posts: 1,450 Forumite
    Hi fragglepants,

    The statue to limitations is six years in England, 5 years in Scotland, so they are well within their timeframe to chase the debt, from what you have said.

    Could really use some more background information, though - what was the debt originally for and why was it in dispute, for example?

    No, phone calls don't count, and they aren't going to give you anything that will immediately get you out of paying, anyway. Only putting things in writing count, which is why it is recommended to only ever deal with people chasing money by letters sent recorded delivery. Oh, and claiming they have contacted you and you have ignored them is standard scare tactics for them, they will always try to frighten people into paying up without thinking.

    ~Jes :)
    Never underestimate the power of the techno-geek... ;)
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If the account is in dispute, simply write back that the account was put in dispute as you did not owe this money. The operator agreed and the matter closed. They have now reopened this case and you therefore still consider it dispute, say if they continue to press for payment you will have no choice but to report the matter to OFCOM to resolve as you had already had this dispute settled 3 years ago.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350K Banking & Borrowing
  • 252.7K Reduce Debt & Boost Income
  • 453.1K Spending & Discounts
  • 243K Work, Benefits & Business
  • 619.9K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.