Supossed Credit card debt

tequilaman

Hi. My wife has just received a letter from a credit reclaim company asking to contact them urgently. She called them and they say they are dealing with a credit card debt of £1000 and offered to settle for £650.00, to which she replied she was unaware of any such debt. Now my wife hasn't had a card for 10 years before we were even together and as far as she was aware it was completely clear when she cut it up. Can they still come after her for something she is unaware of and something neither of us have received any correspondence about in all this time?
They say they will send more correspondence.
Thanks for any help.

lisyloo

Debts are unenforceable after 6 years since last contact.

In her posistion I would get £2 statutory reports from all 3 CRAS - experian, equifax and call credit (don't bother with the free trials).

This could be a scam, but the reports should put her mind at rest.

tequilaman

Thanks very much, will do that for sure.

Consumerist

I agree with lisyloo.

Be aware, however, that even if a debt is unenforceable, a creditor has every right to continue to pursue for debt but there are approved ways of doing it. There is plenty advice on the Debt-free Wannabe forum for dealing with debt recovery firms and their dirty-tricks departments.

tequilaman

Quote: Be aware, however, that even if a debt is unenforceable, a creditor has every right to continue to pursue for debt but there are approved ways of doing it /

How so? Not sure i understand ... if it's not enforceable what is it they can do?
Thanks

Consumerist

They can make a real mess of your credit file.

You're welcome.

Svenena

I didn't realise you could still be pursued for a statute-barred debt. How can this affect your credit report? (Not disputing this, just curious about the means )

tequilaman

Hi. She is now married and has no credit cards or anything really that requires credit rating ..... but I do ... I assume they can't touch mine?

Consumerist

Unscrupulous debt collectors will chase you for debt which may have become statute barred because the debtor may be unaware of the fact.

It is therefore important that the debtor is absolutely certain that the debt is statute barred and advises the DCA they have no intention of paying it for that reason. In this case lisyloo's advice should be followed.

Perhaps this article will clarify the situation.

Statute Barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

Proper DCAs would not pursue such a debt but, clearly, in the OPs case, this is a scam or an unscrupulous DCA and the OP needs to nip this in the bud.

lisyloo

I assume they can't touch mine?

No the debt has nothing to do with you.

However that doesn't mean that balliffs or debt collection agencies won't ask you to pay. Some of them will do anything including telling small children their parent will go to jail.

Once you know the debt is not real, then you can demand they stop harrassment or they will be reported.

But it could be a genuine mix-up or mistaken identity and they haven't done anything unscrupulous yet by the sound of it.

Consumerist

It seems to me that a proper DCA would explain the nature of the debt in the letter they wrote.

To write a letter asking someone to contact them urgently smacks of a debt collector trying to get a verbal comittment to payment before establishing the merit of their claim for payment.

They will now probably have your telephone number so let's hope it is not their intention to harass you by phone. You can insist that they contact you only in writing.