9 year Debt

leajoe20

9years ago I was in an abusive relationship, young an nieve an my boyfriend pursuaded me to apply for a credit card and only get £200 to guarentee that I would get it. Not only was this but everything was put in my name, very crafty an clever of him I know. I. Did leave him 8 years ago and got lumbered with all the debts but I managed to pay all debts back aswell as bringing up our son with no help or money from him. Now my life is back on track, in a new relationship and saving for our own home, the credit card company have sold on my debt and they have sent a letter to my parents address, to which I haven't lived for years. The credit card people have never contacted me in any shape or form. This debt has now gone to £539, am I eligable to pay this, or should it have been wiped off by now and will it show up when I apply for a mortgage on my credit checks?? Please could you give me any advice??

sofababe

If you haven't paid anything or acknowledged the debt to them in writing in the last 6 years then it will be statute barred. Is this the case?

leajoe20

I have not had any sort of contact from them as I have lived in several addresses to the one I lived in when he made me apply. What do I do now, sit back and does it get further costs or do I have to pay off another of this idiots debts?? Is there any websites I can look at??

sofababe

Send them this letter by recorded delivery. Once they have received this, unless they can prove acknowledgement, they shouldn't contact you again. Sometimes they will pass it on to another DCA but if this happens just send them the letter also.


Dear Sirs,

Re: Statute Barred Account - Numbered - 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 under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully


Sign digitally

leajoe20

I sent the statute barred letter and they have sent me another letter to say they have recently obtained confirmation as to where I live (stupidly put my address on letter) and that my account is over due an they need to talk to me. Any clues as to what I do now,??

fermi

Follow up letter is here:

http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

KingElvis

leajoe20 wrote: »

I sent the statute barred letter and they have sent me another letter to say they have recently obtained confirmation as to where I live (stupidly put my address on letter) and that my account is over due an they need to talk to me. Any clues as to what I do now,??

Please tell me you sent it recorded?

leajoe20

:mad:
I did send it recorded delivery, but stupidly I have misplaced the receipt. So annoyed with myself for that!! Hope all will be ok if I send the above letter, Recorded Delivery also an will guard that one with my life!

leajoe20

I sent the follow up letter and today I have received a letter back in response to which they claim I have acknowledged the debt by making payment back in 2006, to which I have no recollection of. They say they are enclosing a statement of the account, which they haven't!!! The owed amount has now risen by £1.42?? Where do I go next, please helppppp!! Thank you!

fermi

Up to you really.

Either ignore the fools, or write back with much the same letter as before but emphasising the fact that you require proof of any payment and that you will insist that proof is provided to the court if they take legal action.

If they had proof, they would have sent it surely?

WRINKLES

leajoe20 wrote: »

I sent the follow up letter and today I have received a letter back in response to which they claim I have acknowledged the debt by making payment back in 2006, to which I have no recollection of. They say they are enclosing a statement of the account, which they haven't!!! The owed amount has now risen by £1.42?? Where do I go next, please helppppp!! Thank you!

This is why the first responce to any company claiming money should be , a prove it letter . send one now, ignore anything else .