OH's Debts - unenforceable?

Mimi_Arc_en_ciel

OH has had 2 DCA chasing him last few weeks - OH is saying they arent enforceable - one is over 6 years old, one is over 10 years old

Both are from the banks - Overdrafts.

Are they unenforceable?

If so - would it be the "prove it" letter, or the "get lost it isnt enforceable" one?

Thanks!

RAS

It sounds like these are statute barred; if he has paid nothing towards then for 6 years or more and has not made any written acknowledgement in that time.

However, legally the DCA can still pursue the debt until such time as he tells them in writing that he is not paying.

I would do that with the 10 year old one now and maybe wait a bit and then sort out the more recent debt.

Be aware however that DCAs are known to make very small payments themselves towards debts due to become SB and then claim that the debt is not SB.

Mimi_Arc_en_ciel

RAS wrote: »

It sounds like these are statute barred; if he has paid nothing towards then for 6 years or more and has not made any written acknowledgement in that time.

However, legally the DCA can still pursue the debt until such time as he tells them in writing that he is not paying.

I would do that with the 10 year old one now and maybe wait a bit and then sort out the more recent debt.

Be aware however that DCAs are known to make very small payments themselves towards debts due to become SB and then claim that the debt is not SB.

I tried to tell him he needs to put it in writing :rotfl: I'll print off the letters later when i have reference numbers etc.

I've known them to forge signatures but not make payments! Thats terrible! Is there no way to prove they've paid it?

Gordon_Hose

If a phantom payment has appeared, it would be down to the DCA to prove that your OH made the payment.

Mimi_Arc_en_ciel

Gordon_Hose wrote: »

If a phantom payment has appeared, it would be down to the DCA to prove that your OH made the payment.

PHEW!

Thank you for that!