Help please!

PipKers

Hi everyone.

I have read through most of this thread and have found it most informative. However, I am a bit of a worrier and would greatly appreciate some advice if possible please. My situation appears to be similar to some of the other forum members on here, but I just want to ensure that I am not overlooking some minor point which could cause me problems.

My situation is as follows;

I received a letter yesterday from a company called Global Debt Recovery Ltd which contained nothing but a reference number and a single sentence asking me to contact them. I called them yesterday and left a message on their answerphone simply stating their reference and my telephone number.

I had a telephone call from them today stating that they had been instructed by Lloyds Mastercard in connection with an outstanding balance of £3500. They confirmed the address at which the debt was registered and asked for my e-mail address. It was implied that I had hidden from the creditor and that this was a civil offence. I said very little to them as I was in shock. I received an e-mail from them within an hour outlining the various methods of payment.

The facts are basically as follows. The address at which this debt was registered was vacated by me in 1999 when the property was handed back to the lender following default on the mortgage. That matter was subsequently sorted out. I have received nothing in writing from the creditor since that date and have definitely not made any payments or acknowledged the debt in question. I'm not proud of this but circumstances left me virtually penniless and with a whole world of problems.

Since 1999 I have moved address many times and fortunately have managed to sort myself out financially, following payment arrangements with many creditors. My last payment to a creditor was in 2007 when I believed all of my debts had been paid. None of the creditors in question were in any way related to Lloyds Mastercard. At this time I paid for an experian credit report on myself which showed that nothing had been lodged by any creditor in the previous 6 years. At this point I believed I had met all of my commitments and carried on rebuilding my life.

From what I have read on here I understand that the debt in question must surely be statute barred, am I right in assuming so? There has been no contact from them since 1999 and no CCJ was lodged regarding this debt up until 2007. All I have done so far is to reply to their e-mail using the template letter quoting the limitations act 1980, stating that the debt should be statute barred. This was conveyed via e-mail, is this a suitable means of communication or should I send a registered letter?

Have I overlooked anything or is there is any sort of loophole that could cause me a problem? I would be very grateful for any advice anyone can offer and thank you for taking the time to read this

fermi

PipKers wrote: »

It was implied that I had hidden from the creditor and that this was a civil offence.

What utter bullwarks!

PipKers wrote: »

From what I have read on here I understand that the debt in question must surely be statute barred, am I right in assuming so? There has been no contact from them since 1999 and no CCJ was lodged regarding this debt up until 2007. All I have done so far is to reply to their e-mail using the template letter quoting the limitations act 1980, stating that the debt should be statute barred. This was conveyed via e-mail, is this a suitable means of communication or should I send a registered letter?

It would perhaps be wise to back it up by recorded post.

If you don't recognise the debt either, then perhaps even something like the letter in post 5 here

https://forums.moneysavingexpert.com/discussion/comment/34906257#Comment_34906257

Basically say that

(a) you don't recognise the debt

(b) regardless of (a) it would be statute barred anyway.

PipKers

Hi Fermi,

Thank you so much for taking the trouble to reply to my post, it is much appreciated.

The civil offence comment did sound a little odd at the time but I was so surprised to be hearing from these people after so long it caught me off guard.

I will print a hard copy of my e-mail tomorrow and post is recorded delivery. I will bear the other letter in mind although it does seem to state similar points to the one I have already e-mailed.

Thank you again, i've been pretty worried all day but reading through the advice on here has settled my mind a little.

I will keep you posted on any developments and may well require some further guidance in due course

fermi

Well, it's important to deny knowledge of this debt, as who knows, it could have been due to the new occupants of the property using your details to obtain credit.

May or may not be statute barred in that case, but it's vital to make the point from the start that this debt isn't yours.

amorge

and don't sign the letter

PipKers

fermi wrote: »

Well, it's important to deny knowledge of this debt, as who knows, it could have been due to the new occupants of the property using your details to obtain credit.

May or may not be statute barred in that case, but it's vital to make the point from the start that this debt isn't yours.

Thank you Fermi.

I have written quoting the limitation act 1980, section 5, using the heading "I do not acknowledge any debt to you or any other company or organisation that you claim to be representing" and await a response from them.

PipKers

amorge wrote: »

and don't sign the letter

Thank you Amorge, I gathered it wasn't wise to sign the letter as some of these companies "use" your signature to their advantage

fermi

PipKers wrote: »

Thank you Fermi.

I have written quoting the limitation act 1980, section 5, using the heading "I do not acknowledge any debt to you or any other company or organisation that you claim to be representing" and await a response from them.

Well, that is not quite the same as saying

"This is not my debt. I have never owed such a debt to Lloyds"

But see what they reply with all the same.

PipKers

Just a quick question and something that's been niggling me. Is there anything stopping these dca's making nominal payments on debtors accounts every few years to keep the debts alive so to speak, thus excluding them from statute barred status.

Thank you

fermi

The law very clearly states that the only payments that count are ones from the debtor.

DCAs do often tell you porkies about this, or say a payment was made on xxxx date. If it turns out that was one made by someone other than you then it doesn't restart the clock, no matter what nonsense a DCA may try to tell you.

PipKers

Wow that was quick! Thank you again Fermi, that's the only thing thats been niggling me in my case. I had visions of these dca's making cash payments here and there of a couple of quid a time to keep debts alive.

Appreciate your help so far, you've been brilliant, thanks