Ignore Letter?

SixNineSix

Hey all, basically when i was 18 or 19 i had credit cards (didnt we all) and i ended up maximg them out, i also took out a a bank loan and didnt pay that off either.

Now, i had multple letters to my moms house (where i used to live 4-5 years ago) but ignored the letters.

I since moved in with my partner and had no contact since ive been here, but today ive had a letter from a debt collection agency asking if i live here. They said that if i fail to notify them, then they will simply assume i do and start proceedings.

My debt is 6-8 years old, i cant remember exactly when, but i had them when i was 18 and spent on them for about 2 years.

Now, how should i handle this. I was under the impression that after 6 years, any debt simply gets written off if the person cannot be traced?

Should i get someone to phone the company and say i no longer live here and lay low?

I have zero intention of paying off these loans and credit cards i had. Not becuase i dont want to,i simply are unable to, i dont have a job, i stay at home and look after my children while my girlfriend goes to work.

Advice would be helpful, cheers.

ellesbellesxxx

I think you will get into more trouble doing that, and actually this would be fraud - criminal offence.
You could look into DMP route and offer to make token payments, even 1 pound a month or whatever...

Tixy

Debts do not get written off.
If there has been a period of 6years where you have made no payments or contacted your creditors and if they haven't obtained CCJs against you after that time then the debts would be statute barred. Which would then mean that you didn't need to repay the debt but it would still exist.

So you need to work out how long ago you last paid these debts or wrote to the creditors. Then you need to check if any have taken out CCJs against you.

juggler7

ellesbellesxxx wrote: »

I think you will get into more trouble doing that, and actually this would be fraud - criminal offence.
You could look into DMP route and offer to make token payments, even 1 pound a month or whatever...

please...they wont do jack to her..my sister was in this situation and is alive and well today, with no one ever visiting her

but yes, pay them like £5 a month, that will keep you on the good side of the judge if it does end up in court...but they cant make u pay money that dont exist..its their fault really for giving u the credit cards

Tixy

juggler7 wrote: »

but yes, pay them like £5 a month, that will keep you on the good side of the judge if it does end up in court...but they cant make u pay money that dont exist..its their fault really for giving u the credit cards

I would suggest you don't start paying them anything until you know how long since the last payments.
If for example it is 5years and 11months since the last payment and you suddenly pay them £5 then the debt will not become statute barred. So don't pay on a debt about to become SB.

juggler7 wrote: »

its their fault really for giving u the credit cards

Well its not really is it? At 18 the OP was an adult. They signed a legal agreement with the bank that they would repay any money they spend on the credit card and any interest etc and would act within the T&C of the agreement. As they failed to do this they broke the agreement.
Which is why they may find that some of there creditors have already been to court and obtained CCJs. If this has happened then the debts won't become statute barred.

bargainbetty

It is not the fault of the banks for giving the OP the cards - the OP spent the money and is responsible for their own debts.

It would be fraud if you arranged for false information to be given to your creditors and the courts would not look well on it if the debt collectors did pursue action against you. After six years debts that have not been acknowledged are statute barred. They do not drop off your file, they are simply considered unenforcable in court. However, if you were found to have deliberately provided false information, you might find yourself in hot water over it.

Check you records, and follow the recommended courses of action on this forum (prove it letters, statute barred letters depending on timescales etc). Do note though, there are lots of people on here trying their best to settle their debts because they feel that they should because they took the money in the first place, even if it means paying a few pounds a month for ten years.

Expect to get flak from people who feel you are ducking out of your obligations.

dmg24

Tixy wrote: »

I would suggest you don't start paying them anything until you know how long since the last payments.
If for example it is 5years and 11months since the last payment and you suddenly pay them £5 then the debt will not become statute barred. So don't pay on a debt about to become SB.

Whatever happened to personal responsibility?

Tixy

dmg24 wrote: »

Whatever happened to personal responsibility?

If you read my whole post you will see that I do think the person is responsible for the debt.
It doesn't change the law though. Which I have explained to them in my previous post.
The creditor has 6years to chase the debtor or decide to take them to court (which as I keep mentioning might have already happened). If they fail to do so in those 6years then tough on the creditor. They know the law, they know they have 6years to take legal action.