Can I still be chased for this?

Ditzy_Bird

Hi

I'm being chased for a debt, how old it is I don't know, but I'm guessing over 15 years as it was addressed to me under my maiden name and I've been married nearly 15 years!! The people chasing it are Clarity on behalf of Santander, although their original letter said it was an Alliance & Leicester debt. I did have an account with them once, but it must be about 20 years ago and I don't recall owing them any money. They are chasing for £2,388.93 and there is definitely no way they would have lent me that kind of money back then!!

I wrote to them using a letter template posted on Debtwatchdog.com stating that it was outside the statute of limitations etc, and now I've had a letter back from them saying they need to establish if I am the person they need to speak to concerning the debt. They've asked for my maiden name - which they already have as that is they name they used when they first wrote to me - my date of birth and my address history for the last 10 years. Surely they already have my address history as they've tracked me down to where I am now and we've been here nearly 10 years!! I don't really want to give them any of this information, but don't know where to go from here. I know I mustn't acknowledge the debt, but am worried that by sending them the details they are asking for I might be acknowledging it.

The original letters threatened to send debt collectors in and I'm worried about what to do if they turn up. Please help me.

fermi

If the debt is statute barred, then nothing that you do now can "reactivate" it.

You could send a follow up letter like the one here:

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

or this one?

http://forums.moneysavingexpert.com/showpost.php?p=37829646&postcount=16

Tixy

Hi

I would send a letter that boths disputes its your debt but that says if it is its SB - have a look at this link for Fermi's template http://forums.moneysavingexpert.com/showpost.php?p=37829646&postcount=16. (I know this in part covers what you have already sent but I'd send it anyway).

I wouldn't send them any other information they are asking for.

Ditzy_Bird

Thanks. I think the first letter suits better as it's a bit more like the first one I sent. In the latest letter I go though they haven't chased for any money, they've just asked for my details to say they need those to confirm if the debt is mine. Should I refer to that letter somehow saying that I'm not providing those details, or should I just send the letter as is? Sorry if this is a stupid question, but I've never had anything like this before.

fermi

If the debt is that old, then they damn well know it's statute barred.

You've told them so, so they must "get lost". End of. No need to get into any more involved discussion.

Ditzy_Bird

Unbelievably, after sending them two letters (sent signed for) they have still sent me another letter and this time they are threatening legal proceedings again. This letter is much more heavy handed that the original ones and lists all the things that they can do if I refuse to pay after they issue a CCJ against me :mad:

I contacted Consumer Direct (was directed there by the OFT) who said they couldn't give me any more advice as I'd already done what they would have told me to, ie sending the letters. They gave me the number for the Credit Services Association, who I called and they told me I could put in a complaint to them disputing the debt and that they would mediate it. Is this the best course of action to take? The other options were to contact some legal services helpline, not sure what they are called but the number she gave me is 0845 345 4345, or to contact the CAB (I don't want to be nasty about them, but in my personal experience they've never been any help so I don't really want to go down that route). I haven't had time to call the legal people today, so not sure what they will advise.

Can anyone help me? I'm feeling rather picked on at the moment, what with this and Jump Money hassling me too

fermi

Did you send this one? http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

Ditzy_Bird

Yes, that was the second one I sent them. It does ask them to provide details of the debt, which they haven't done.

fermi

Oh, and if these idiots were stupid enough to take you to court, you would just defend their claim on the basis that you don't recognise the debt and that it would be statute barred anyway.

They would look very very stupid to the court.

The company surely knows this, so they will only take court action if they are complete morons.

fermi

Ditzy_Bird wrote: »

Yes, that was the second one I sent them. It does ask them to provide details of the debt, which they haven't done.

How long was it between them signing for that and their next letter coming?

You can't trust the date on letters from a DCA. Sometimes they have been generated quite a while before they end up in the post.

Tixy

I would think community legal advice and/or national debtline would basically say the same things - to write the letters you already have done.

I would just ignore them for now. If you have reported them there is not much else you can do. Hopefully the letters will now cease.

fermi wrote: »

so they will only take court action if they are complete morons.

:silenced::silenced::silenced: