Debt of £38.19 from 1998! Help!

FireWyrm

Bravehearted wrote: »

Just because a debt is statue barred doesn't mean it ceases to exist.

If you owe the money, you still owe it till settlement or death - they just can't chase you through the courts.

No, but if they cant be bothered to pull their finger out until 14 YEARS after the fact, then you have every right to tell them to stick it. Jeez, a criminal record only lasts 7 years for gods sake. Pursuit 14 years on is a joke and should be treated with the contempt it deserves. There's been an upswing lately in these types of firms buying long forgotten 'debts' which were probably suspect to begin with and then frightening people into paying them regardless of whether they actually do owe it or not. It's called 'demanding money with menaces'.

Bravehearted_2

FireWyrm wrote: »

No, but if they cant be bothered to pull their finger out until 14 YEARS after the fact, then you have every right to tell them to stick it. Jeez, a criminal record only lasts 7 years for gods sake. Pursuit 14 years on is a joke and should be treated with the contempt it deserves. There's been an upswing lately in these types of firms buying long forgotten 'debts' which were probably suspect to begin with and then frightening people into paying them regardless of whether they actually do owe it or not. It's called 'demanding money with menaces'.

You meant to write 'Yes'... no?

Otherwise, I'm confused as to which part of my post is incorrect or you disagree with?

It's !!!!!! that they're trying to claw back 40 quid after 7years and in my opinion all they deserve is a letter filled with swear words; however what I've said is fact - debts exist unless some agreement to settle them or the debtor finds the sweet relief of death.

robpw2

Bravehearted wrote: »

Just because a debt is statue barred doesn't mean it ceases to exist.

If you owe the money, you still owe it till settlement or death - they just can't chase you through the courts.

the thing is once its statute barred it will not be on your credit file anymore , they cannot chase you through the courts so other than some moral obligation to pay they have no hold over you and it will not affect you

dzug1

or the debtor finds the sweet relief of death.

Valid debts are not wiped out by death

But that's a separate topic

Bravehearted_2

robpw2 wrote: »

the thing is once its statute barred it will not be on your credit file anymore , they cannot chase you through the courts so other than some moral obligation to pay they have no hold over you and it will not affect you

Of course - absolutely.

Not especially when the debt collectors seem to have the wrong person and appear only to be trying their luck.

FireWyrm

OK, I'll try that again.

Bravehearted wrote: »

Just because a debt is statue barred doesn't mean it ceases to exist.

Yes it does cease to exist for all intents and purposes since it isnt on your credit file, neither is it usually still registered with the original creditor. Most debt collectors cant even rustle up a copy of the original agreement showing you owed the debt in the first place. Therefore, there is no record of it and it ceases to exist. As others have said, other than some vague moral grounds, the debtor has discharged their obligation and the creditor has not enforced that obligation in a timely manner i.e 6 years.

Bravehearted wrote: »

If you owe the money, you still owe it till settlement or death

No you dont. The law is quite specific. The creditor has 6 years in which to enforce the debt, after that, it is statute barred and the debtor does not have to pay it.

Bravehearted wrote: »

- they just can't chase you through the courts.

That's precisely the point. The law is the law and some 'moral' ground does not a law make. The law says that the creditor has 6 years. If the creditor cannot or will not enforce the debt in that time, they tough, the debt is written off. In the case of the OP, we're talking a full 14 YEARS after the default and I have pointed out that this is longer than most police records for petty crime, heck its probably longer than most murderers spend in the clink. The law says that they cannot inforce it after the time has elapsed so the debt is void and I'd like to point out that should the OP 'pay' these people, they would not in any case be paying the debt, they would be compensating the debt collection firm for their bad investment.

pqrdef

If they don't have an address that still works, it's possible they're just phoning everybody with the same name to see if anybody bites. It's for them to show that they've got the right person. But don't get cornered into admitting that they have.