how long can creditors chase a debt?

michellefromessex

Hello this is my first post, only just recently come across the site. I have spent the last 6 years clearing off debts from my divorce and finally there seems to be light at the end of the tunnel. But today my partner had a letter from a debt recovery company wanting £59.99 he phoned them as basically we are up to date with everything we have now, and he was told it was for a catalogue company back in 1996, at a previous address, he has been down on the electrol register here for nearly 4 years so wonder why its taken so long for the company to find him, now we have check with the credit agencies and there is nothing on file for him showing any adverse credit, when he spoke with the debt recovery company they said they can demand payment now 11 years on, is this true? thanks Michelle x

OberonSH

As far as I know it's still 6 years limit for it to be 'statute barred' (ooh hark at me and my tech talk!). Having read other folk's tales on this board, I think this sort of thing is easily solved by asking them to send a copy of the original credit agreement, without which they cannot enforce the debt.

Snaggles

Yes, Obi is correct about the 6 years (if you acknowledge the debt in any way in the meantime though, the 6 years starts all over again, so if you do write to them, state in the first line of your letter 'I do not acknowledge this debt' or something along those lines (there's a template somewhere which I will try and track down).

I can't help hearing Cilla's voice in my head when I read your user name 'It's contestant number 3, Michelle from Essex...' (sorry!) :rotfl:

Snaggles

Found it - this thread has the info you will need.

michellefromessex

Snaggles wrote:

I can't help hearing Cilla's voice in my head when I read your user name 'It's contestant number 3, Michelle from Essex...' (sorry!) :rotfl:

Ha Ha I suppose you have the image of a dumb blonde with white stilletoes too?

So basically they cannot demand we pay them? my partner did say that he hadnt lived at that address for 10 years so does that mean he has sort of admitted it is his debt that way?

thanks for your help x

CLAPTON

there are two situations here that are relevant.

a. if you haven't been in contact in any way for six years then the debt is statute barred, even if you actually owe the debt.

see this and use the proforma letter

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act


b. secondly there is the issue of whether the debt is yours and they have the right to collect it
Snaggles thread give further details.


I must say for such a small sum i'm surprised they bother.

specs_3

I would've thought that they can ask for payment indefinitely, but as the others say, it is up to them to prove that it is owed and then if it is statute barred they will not be able to enforce it in a court.

michellefromessex

thank you everyone you have all been most helpful.

As no payment has been made in 10 years let alone under 6 years and no contact from Wescott or Empire stores catalogue in the last 6 years then I assume that it is Statute barred.

Will send the letter as per the template

thanks again

Snaggles

Lol, no, I didn't see you in white stillettos, I promise!! Good luck with Westcott.