Alleged debt from 12 years ago?

chunky_funkster

I'm sorry if this has been asked a hundred times but I am not sure what to search for.

I've been rung this morning by a firm of solicitors asking for me by name. I confirmed my name and they asked me for other details to verify my identity, which I refused to give out. After severeal refusals the lady gave up and asked if I ever lived at a particular address, which I did about 15 years ago. So I said yes and asked what it was about.

I was informed that there is a deliquent account for a catalogue company in my name at that address and payments were made on the account as recently (!) as 12 years ago. I wasn't there then and don't recall ever having an account with that company.

She wouldn't give me any other details unless I gave her my current address, which I refused to do on the grounds that I don't owe them any money and the debt is nothing to do with me. My telephone numnber is ex-directory but they've got it from somewhere so I am guessing that they also have my current address anyway (she said they would have used a tracing agent?).

So what do I do now? If this bill is outstanding from at least 12 years ago and I can't prove it's not mine, will they keep ringing me? Surely they can't harrass me for a debt that old that's not mine, even if it is in my name? Presumably I should check my credit record asap.

Any help would be appreciated.

Chunky.

shaven-monkey

Any debt more than 6 years without activity / payment is statute barred.

http://www.debtquestions.co.uk/legal_yourrights.php

Technically you would owe the debt but they can't do anything about it. If they harrass you, you refer them to the office of fair trading.

Don't sign anything, don't pay them anything and don't give them any information.
So they managed to acquire your telephone number but not your address.... shouldn't take them too long to get a current address by other means at which point they may send you demands and other wonderfully threatening and dire sounding letters.
The debt is statute barred, they have no legal means to collect it and so they will attempt to con you into paying a small fee / small amount of the balance or some other token amount to renew the debt at which point they take you to court.
Don't sign anything, don't pay them anything and don't give them any information.

chunky_funkster

shaven-monkey wrote: »

Any debt more than 6 years without activity / payment is statute barred.



Technically you would owe the debt but they can't do squat about it. If they harrass you, you refer them to the office of fair trading.

Don't sign anything, don't pay them anything and don't give them any information.

Thanks for that.

That's the annoying thing - I don't owe them anything as I didn't live there at the time and I didn't have an account with that company either. However, I can't prove it, or when I moved out as I was a tenant and didn't have any sort of tenancy agreement at the time.

I also don't intend giving them any information but they seem to already have my ex-directory phone number. :mad:

Chunky

Gordon_Hose

I had a similar situation back in the summer. A DCA got hold of my home phone number, started calling claiming I owed money, in much the same fashion as the OP I refused to give them my address because they refused to tell me what they were calling about other than "money owed".

After the caller called me "stupid", I said that they had got hold of my phone number easily enough, then they could get hold of my address just as easily as I'm on the electoral role, once they have that they can write to me with the details. He then claimed it costs them "a lot of money" to get an address, and the cost would be picked up by me, in court. So I said go ahead...

I haven't heard anything since. I checked my credit file and it's for a debt dating back to 2003. They will never get my address, purely because they know the debt is statute barred.

Tixy

Factsheet about statute barred debts - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

For a debt that old even if it had been on your credit file it would have gone by now (6years from the date the account was defaulted). You could check it just in case there is a CCJ (though that sounds unlikely).

Wait to see if they write to you, and when they do send the SB template from the link above. Should hear no more from them. If they do continue to call you then you can report them as per the info in that link.

chunky_funkster

Tixy wrote: »

Factsheet about statute barred debts -

For a debt that old even if it had been on your credit file it would have gone by now (6years from the date the account was defaulted). You could check it just in case there is a CCJ (though that sounds unlikely).

Wait to see if they write to you, and when they do send the SB template from the link above. Should hear no more from them. If they do continue to call you then you can report them as per the info in that link.

Thanks.

I've just organised getting a copy of my credit record but on the basis that I've been accepted for a mortgage and new credit card in the last year I am guessing that it won't show anything.

How flipping annoying though.

Grr.

Chunky

MrsTinks

Just a note... once a debt is statute barred it remains statute barred - so any payment made now would not "un-bar" the debt - they would however more than likely refuse (legally) to refund any money they have obtained unless you could prove the debt was not yours...

Long and short - tell them to hoof it - you say it's not your debt, it's their job to prove it is and if they can then it's STILL statute barred so they are unable to really do much other than threaten and beg... If they do contact you again ask for their mail details and send a recorded letter saying you dispute the debt and until they can prove the debt is yours then any further communication in writing OR by phone will be seen as harrassment and will be reported as such to the police and you WILL take legal action... now shove off!

If you feel very brave you can have that conversation with them on the phone if you think you know enough about the rules but it's not for a beginner or a newbie to be honest. I've had the conversation on a phone to a DCA for a debt that was wrong (I know it was as they claimed it was an outstanding amount for a loan I consolidated with the same bank who never contacted me to say they had messed up... and it was well over 6 years later they tried it on... let's just say that I left them in no doubt that I would take each individual as well as the company to court for harrassment Never did hear from them again... )

chunky_funkster

MrsTine wrote: »

Just a note... once a debt is statute barred it remains statute barred - so any payment made now would not "un-bar" the debt - they would however more than likely refuse (legally) to refund any money they have obtained unless you could prove the debt was not yours...

Long and short - tell them to hoof it - you say it's not your debt, it's their job to prove it is and if they can then it's STILL statute barred so they are unable to really do much other than threaten and beg... If they do contact you again ask for their mail details and send a recorded letter saying you dispute the debt and until they can prove the debt is yours then any further communication in writing OR by phone will be seen as harrassment and will be reported as such to the police and you WILL take legal action... now shove off!

If you feel very brave you can have that conversation with them on the phone if you think you know enough about the rules but it's not for a beginner or a newbie to be honest. I've had the conversation on a phone to a DCA for a debt that was wrong (I know it was as they claimed it was an outstanding amount for a loan I consolidated with the same bank who never contacted me to say they had messed up... and it was well over 6 years later they tried it on... let's just say that I left them in no doubt that I would take each individual as well as the company to court for harrassment Never did hear from them again... )

Thanks, MrsTine.

I know that it is not my debt and that I didn't live at the property in question at the time when they say the debt was run up. On that basis they'll not be getting any sort of payment or even an admission from me as it's not my debt.

Therefore, if they ring again I shall be bidding them a good day and hanging up, and if they write I shall be returning their letters unopened.

It makes me mad though.

Chunky

GeorgeUK

Technically they could get the debt enforced against you if you ignore it, although it is rare. I have read that someone got taken to court for a CCJ, ignored the letters etc and didn't put in a defence. The judge ruled in favour of those making the claim and the debt had to be paid - if they had entered a defence that the debt was statute barred, the judge would have thrown out the case. It is best to send the letter to them if they do write to you so that you are covered - that's why we also suggest that letters be sent by recorded delivery (so you have proof of receipt).

chunky_funkster

GeorgeUK wrote: »

Technically they could get the debt enforced against you if you ignore it, although it is rare. I have read that someone got taken to court for a CCJ, ignored the letters etc and didn't put in a defence. The judge ruled in favour of those making the claim and the debt had to be paid - if they had entered a defence that the debt was statute barred, the judge would have thrown out the case. It is best to send the letter to them if they do write to you so that you are covered - that's why we also suggest that letters be sent by recorded delivery (so you have proof of receipt).

OK. So I'll reply if they write to me but surely they can't take me to court for a debt that according to their records, was last acknowledged 12 years ago?

Frankly, I could do without the hassle of being chased for someone else's debt 12 years after the event! I wouldn't mind if I actually owed them money, but I don't.

Seems rather unfair to me.

Chunky

fermi

chunky_funkster wrote: »

OK. So I'll reply if they write to me but surely they can't take me to court for a debt that according to their records, was last acknowledged 12 years ago?

Yes, they can.

However, if you defend the court action on the basis that it is statute barred, then they should lose the case.

If you ignore any legal action and don't defend, then they would win by default.