debt that's nearly 6 years old has been passed to another debt collector - help pls!

Gordon_Hose

ruintooeasy wrote: »

about what i should do now. do i leave it until it's statute barred (if it is?) come Feb next year? Or should I make contact and start paying?

I've got one CCJ from 2005 that should be wiped next year so the last thing i want is a new one. I'm trying really hard to sort my credit out - really paying the price of being irresponsible years ago!

Send them the letter I put in my post above.

ruintooeasy

Gordon_Hose wrote: »

Send them the letter I put in my post above.

the link didn't work. sorry to be such a pain!

sending them this letter doesn't acknowledge the debt i assume?

Gordon_Hose

ruintooeasy wrote: »

the link didn't work. sorry to be such a pain!

sending them this letter doesn't acknowledge the debt i assume?

Sorry about that, here you go: http://forums.moneysavingexpert.com/showpost.html?p=30355981&postcount=8

And no, it won't acknowledge the debt. At this stage you're just finding out of the debt is enforceable.

ruintooeasy

thanks so much for that link. Should i send the letter to Lowell or Buchanan & co?

fermi

Have you ever communicated with either of these 2 debt collectors?

If not, then I'm not 100% sure that doing so now would be a good plan. It's gone this long after all. Especially if they happen to be able to supply the CCA or a reconstituted version.

They may go to court before the debt becomes statute barred. But that is by far the exception rather than the rule. It's far more useful as a threat than it ever is in practice.

Especially if they haven't had any letters or phone calls from you to show that you have received and read their "fishing" letters.

ruintooeasy

fermi wrote: »

Have you ever communicated with either of these 2 debt collectors?

If not, then I'm not 100% sure that doing so now would be a good plan. It's gone this long after all. Especially if they happen to be able to supply the CCA or a reconstituted version.

They may go to court before the debt becomes statute barred. But that is by far the exception rather than the rule. It's far more useful as a threat than it ever is in practice.

Especially if they haven't had any letters or phone calls from you to show that you have received and read their "fishing" letters.

this is exacly what i was thinking - kind of just sit tight and wait for february. my concern is that i cannot risk another ccj as the one i have is soooo close to being wiped from my credit report.

WillF_2

ruintooeasy wrote: »

this is exacly what i was thinking - kind of just sit tight and wait for february. my concern is that i cannot risk another ccj as the one i have is soooo close to being wiped from my credit report.

Well it's quite simple really.

1) If you have the means to pay and the fear of getting a CCJ outweighs the loss of wealth, contact them to arrange a payment plan.

2) If you feel the amount owed is a greater hit to your wealth than the impact of a potential CCJ, sit tight and gamble that the debt becomes unenforceable.

What you do really depends on the amount that is owed and how clearing the debt will affect your standard of living.

fatbelly

ruintooeasy wrote: »

this is exacly what i was thinking - kind of just sit tight and wait for february.

That's what I'd do

Hang on - it was defaulted in Feb 2005. When did you last acknowledge the debt by payment or in writing? Before or after that date?

ruintooeasy

fatbelly wrote: »

That's what I'd do

Hang on - it was defaulted in Feb 2005. When did you last acknowledge the debt by payment or in writing? Before or after that date?

before 2005

Ames

So it may already be statute barred. Can you remember or find out exactly when you last paid or acknowledged it in writing?