Debt Limitations

Clive67

Just had a letter from a debt collection company for a debt I had forgotten all about from nearly ten years ago. Is this still enforceable. They need to act within 6 years (I think), but when does the six years run from?

Thanks for any advice in advance.

Kevicho

The 6 years runs from the last time they made contact regarding the debt

oscar52

As I understand it, if there has been no contact and no admittance to debt or payment then after six years its statute barred and they cant do diddily squat

file_wizzard

The debt will be unenforceable via the courts after 6 years from the last payment or admission by the debtor.

however the creditor or their agent may write to you at anytime that an amount remains outstanding to request repayment. if you would rather they did not contact you any further then you must contact them stating that the debt is statute barred and that you will not enter into any further correspondence on the matter

Fitzy29

Further to the above i've, out of the blue and two address later, just received a letter for Activ Kapital Assett Investments LTD insisiting I owe them 2,700...I think it's from an old debt from around 1999/2000.

The letter does not state who the money is owed to, it just states I owe them the money.

Under the six year rule I'm going to ignore them, can they put this on your credit file do you think, can they persue me? I've never heard of Actic Kapital!

cheers

sick_of_being_skint_2

Aktiv Kapita are a really small debt company who tried to offer me a job last year...for minimum wage I might add!

Fitzy29

They must have bought my debt for about 100 quid or something then, hoping I'll pay up.

Is ignoring them the best option you reckon?

oscar52

personally, i wouldnt ignore it, probably just end up with more letters and more phone calls. Tell them you dont recognise or acknowledge the debt and as such you want prrof it belongs to you - such as a statement or a credit agreement. Then if it is over 6 years old, politely tell them to go away.

Fitzy29

What i'm more worried about more than the debt it self is that they will tarnish my now good credit rating.

If i call them and ask for proof that might make admission to them and confirm my new address and as such they might default me or something.

Anyone had any experience of this?

HokeyCokey_3

I think you should follow File_Wizzards and Oscar52's advice. If you acknowledge this is your debt then you probably won't have to repay it now anyway. It's either that or continue being hassled, which I wouldn't personally want the stress of.

As they say you can't run away from debt... you have to face up to it and deal with it one way or another.

oscar52

You still need proof, if its not your debt with them chasing you, it will end up on your credit file anyway. If its not your debt, and its already on your file you need to ask them for it to be removed, if they dont do this within a set amount to time you can take further action. Legally speaking, if they have put it on your file when it doesnt belong to you it amounts to Libel and Deformation of Character.

You definately need a copy of the agrement and paymnet history. But hey will continue to hassle you until you give in or fight them.