Help Please ! debt collectors wont go away !

dianet2

hi
im hoping someone might be able to help .. my partner had a credit card debt from around 15 years ago of around £1000, he tried to keep up with the repayments but due to illness and job loss he wasnt able to keep up with the payments, so basically what iv gathered he 'buried his head in the sand ' he hadnt heard anything untill 5years ago and out of the blue, a collectors agency contacted him telling him he owed £5000. id moved in with him at this point and told him i didnt want debts and we re-mortgaged the house to make a settlement figure of £3000 by a certain date. he posted it off and they said it wasnt there on time so they kept hassling for more money.
another 3 years later, and out of the blue he has recieved another letter requesting an even bigger amount (just short of £5000) , which was hand delivered today by the same agency. We are both at our wits end as this has dragged on for years, and each time we think its sorted it just doesnt seem to go away (hes been to the citizins advice in the past about this issue , and they have written letters to them, which have made them back off) - we keep thinking its over and they just keep coming back ! with a bigger sum.
any advice would be gratefully appreciated.
thanks for reading and sorry for being so long winded !
diane

RAS

Diane

it is a huge pity that you re-mortgaged as this debt would be statute barred by now.

It may infact have been statute barred when you made that payment.

The Statute of Limitations means that it is against the law to pursue debtors through the courts if the debt has not been paid or acknowledged in writing in the previous 6 years. Now if there was any period between 15 years ago and 5 years ago when he did not make a written acknowledgement or payment, the debt is SD and all he needs to do is tell them to get lost. At which point they can do nothing.

Having made mugs of you twice before (by paying a debt unnecessarily and by tricking you into a partial settlement deal), thety have obviously decided to come back for second helpings.

There are at least three legal reasons why your OH should not pay this debt and you need to stop now and learn about them.

Does he have any paperwork re the debt?

bottleofred

Hi Diane,

With any luck there will have been a 6 year gap before you paid the £3000 and hopefully you can tell them to go away and take a long walk off a short pier!

Good luck in getting sorted out

dianet2

hi
thanks so much for your advice. Sadly we find out about the statute barred information after the first payment.
iv just found out he hasnt saved any paper work regarding paying the original payment 5 years ago ! im really not sure where to go from here . All i know is that figure will go up with more house visits from them (they charge £25 per time ) and charges for phone calls etc etc.
it feels like honesty gets you no where ! as he payed in thinking he was making a settlement.
with no receipts etc, where do we stand ? and how do i stop them fromm calling to our house ?

dianet2

bottleofred wrote: »

Hi Diane,

With any luck there will have been a 6 year gap before you paid the £3000 and hopefully you can tell them to go away and take a long walk off a short pier!

Good luck in getting sorted out

hi
thanks for reading
there was a longer than 6 year gap before paying the £3000, but as he admited it was his debt from 1995 and made the settlement in 2006 .. where do we stand now ? any help would be appreciated

diane

NorthernLas

Diane - The debt collector's can suggest that you owe more. But from RAS' comment on the debt being statute barred, I take this to mean that you can tell them this and they cannot ask for any more money from you.

If they return do NOT pay them more money.

There are letters that you can sent recorded that will end this problem for you. RAS may be able to advise better, so you may want to send a PM message.

2 letters that spring to mind are a prove it letter http://forums.moneysavingexpert.com/...93&postcount=2

Stop debt collectors calling http://forums.moneysavingexpert.com/showpost.html?p=33792303&postcount=38

climbintheladderouttadebt

I'd try sending the prove it letter:

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name). I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully

Sign digitally (ie DO NOT provide a signature, just type your name)

climbintheladderouttadebt

Ah NorthernLas u beat me to it! And with more info! Lol

WRINKLES

If there has been no activity on an account and no acknowlegment in writing then this debt is statute barred even if you make a payment the debt is statute barred, you cannot claim back the payment you have made this will be looked at as a gift. after six years you can take out a full page advertisement in a national newspaper telling the world that this debt is yours and there is nothing they can do once a debt is statute barred it is so forever

NorthernLas

Diane - Wrinkles is correct, see another post that describes the same thing http://forums.moneysavingexpert.com/showpost.html?p=26805051&postcount=30.

Don't bother with the 'prove it letter', send a debt statute barred letter instead! http://forums.moneysavingexpert.com/showpost.html?p=33791957&postcount=25

You may want to adjust it to make clear that it was statuted barred when your OH paid towards the debt in 2007 and that you know that this payment makes no difference.

dianet2

thanks all for all your great advice
sounds too good to be true though ! i will draft out a state barred letter for him and send it via recorded delivery..and fingers crossed.

thanks so much for your help everyone, my head feels a little clearer now, and i might be able to sleep tonight !

best regards to you all and ill let u know if i hear anything else !.

diane