Can they default me on this now?

nearlysorted

Hi all again!,
I need a bit more advice please!
I recently posted about being nearly mainstream and if there was anything else i could do to improve things, well.........
Today i receive a debt collectors letter for £478, I didn't have a clue what this was for, so i called them to find out.
It was from an Adams store card in the year 2000 (when i was young and stupid!). Can they chase me for this now? or even worse default me now?
They offered me a settlement figure of 25% discount if i pay it in full within 7 days.
I have lived at my current house for 5 years and have received nothing before this yet they are saying they have contacted me, why would i ring them today if i had previous letters from them? Why has it taken so long for them to contact me?

tigerlily44

nearlysorted wrote: »

Hi all again!,
I need a bit more advice please!
I recently posted about being nearly mainstream and if there was anything else i could do to improve things, well.........
Today i receive a debt collectors letter for £478, I didn't have a clue what this was for, so i called them to find out.
It was from an Adams store card in the year 2000 (when i was young and stupid!). Can they chase me for this now? or even worse default me now?
They offered me a settlement figure of 25% discount if i pay it in full within 7 days.
I have lived at my current house for 5 years and have received nothing before this yet they are saying they have contacted me, why would i ring them today if i had previous letters from them? Why has it taken so long for them to contact me?

I'd say this was timed out if they haven't contacted you before for statutory purposes - ie they can't collect if they haven't contacted you within 6 years of the debt. If you look through this forum there is a template letter you can use that puts the position clearly

Hope this helps
tiger

McKneff

Tigerlily44 is correct, if a debt has not been acknowledge within 6 years, it is statute barred and it does not have to be paid back.

They are trying it on.

You just need to send the 'statute barred' letter. As far as I am aware,they legally shouldnt be chasing you after all this time.
Good luck
Annie

battyboimatt

Yes you could send the state barred letter, however please bear in mind that just because a debt is state barred it does not mean they cannot chase for payment as legally the debt still does exist, it just means they can’t enforce it by the courts, they couldn’t just default you either, so you are well in your rights saying I don’t care you’re not getting a penny off me and they couldn’t do anything they will probably say otherwise but just laugh and put the phone down.

nearlysorted

I did phone up to enquire what it was for (i genuinely didn't remember!) but the woman on the phone was so patronising that i refused point blank to give my number to them ( i 141'D it lol).
But i didn't say i wouldn't pay, as i wasn't too sure where i stood with that. Now i know, is it worth me writing to tell them it is unenforcable by law? or should i not reply at all? If their customer service agent wasn't so snooty with me on the phone i may have come to an arrangement to pay, i do not have the settlement figure at the mo though, and if i didi would rather pay that off my current cc;)
Thanks for your replies though, would have said thanks on my last post but my 2 year old has quicker fingers then me:o

jonjamie1970

Its down to you now really as previous posters posted advice, use the template letter.

However, if you did run up the debt then its up to you now wether you want to "get away with not paying back money you borrowed" or fill out the template and tell them its unenforceable.

dzug1

It's possible that it's not timed out - if they tried to contact you unsuccessfully (because you moved and didn't tell them for example) within 6 years of the debt and that unsuccessful contact is less than 6 years ago then it could still be 'live'. From the dates you give there's a very narrow margin when that might have been possible.

Tixy

Information and factsheets on the law in relation to the statute of limitations and template letters etc here Statute barred debts and the Limitation Acts
The creditor has 6years to chase you for payment or take you to court. And they are aware of the law. If they haven't done so then its hardly 'getting away' with not paying it back. This isn't about unenforceability its about a legal act.

By the way once you tell them you know its SB and don't intend to repay - at that point they do have to stop chasing you for it.

Edit - them chasing you for payment does not 'count' in the 6year period - it has to be an action by you which is either payment by you or your written acknowledgement that you owe the money.

izools

dzug1 wrote: »

It's possible that it's not timed out - if they tried to contact you unsuccessfully (because you moved and didn't tell them for example) within 6 years of the debt and that unsuccessful contact is less than 6 years ago then it could still be 'live'. From the dates you give there's a very narrow margin when that might have been possible.

I'm afraid that's not correct.

Even if they've been calling the OP every day for the last decade, on the right number, unless the OP ADMITS' he has a liability to pay and / or MAKES a payment then the six year rule stands.

If OP hasn't admitted liability nor made payment toward the debt in 6+ years there's no reason to pay as the DCA are chasing a statute barred debt.

OP, just write to them pointing out the debt is statute barred and they will go away.

nearlysorted

Does my making a phonecall to them today admit i owe the debt and start the 6 years again or does it only have to be in writing?
Thanks once again:)

izools

Did you actually say "Yes that debt is mine and I do admit to having spend it" or some such or just discuss what they might want as repayment?