just been contacted abaout a debt from 1999

windsorblue01

i have just been contacted on a debt from a bank account which was closed in 1999 i was phoned up by global debt recovery ltd saying i owe just under £6000 to lloyds tsb they say the account was closed in 1999,

i said over the phone that this is over 6 years old but they said it didnt count as i had been hidding from the debt which i havnt because this is the first time that they have contacted me, the address they had was when i lived with my parents, over the years i have lived in different places my current address for about 8 years,

if i dont pay this debt they will take me to court and i will end up paying over £20000

they sent me a letter with just a account number for them and the anount no details of this debt like who for and how old like they said on the phone.

now do i need to pay this debt i am very worried about suddenly finding out i owe this money and dont know what to do

fermi

windsorblue01 wrote: »

i said over the phone that this is over 6 years old but they said it didnt count as i had been hidding from the debt

They are telling you lies. Debt collectors frequently do over the phone.

There is info and letters on this thread;

Link: https://forums.moneysavingexpert.com/discussion/2606811

Don't talk to them again on the phone, as they will trot out all sorts of nonsense if you do. Do things by letter, and they won't dare put the lies in writing and incriminate themselves like that,

windsorblue01

thank you for the reply i will write to them with the examples you have linked i didnt know what to do i hope that this will help i have debts but these are getting payed of through a debt managment company and i dont want more added on from over 11 years ago just when im starting to see the light at the end of the tunnel.

fermi

windsorblue01 wrote: »

thank you for the reply i will write to them with the examples you have linked i didnt know what to do i hope that this will help i have debts but these are getting payed of through a debt managment company and i dont want more added on from over 11 years ago just when im starting to see the light at the end of the tunnel.

Good.

There is nothing they can do, but the sooner you write and see these idiots off the better.

fermi

If they try to spin some line about the hiding from the debt again, then you can add this quote to the letters.

The Money Advice trust say in their training under 'deliberate concealment':

"It is for claimants to prove that they could not reasonably have discovered the facts concealed by the defendant (Paragon Finance v Thakerar 1999). The mere fact that a defendant cannot be traced, with the result that the claimant does not commence proceedings, does not prevent (a cause of action from accruing and) time from running. Even where a person is deliberately hiding from a claimant the 'concealment' provisions relate only to concealment of the cause of action and not to cases where debtors conceal themselves from the claimant (Lowsley v Forbes 1999)."

Your claim that the Limitation period did not run is false and intended to deliberately misrepresent the correct legal position. As such it will be reported to the OFT and trading standards with a formal complaint.

Gordon_Hose

That's truly epic!

"Your debt isn't Statute Barred because you've been hiding from it"... :rotfl::rotfl:

Someone should compile a book, a bit like a joke book, on the best DCA lies. I suspect this one would be near the top.

windsorblue01

yes they said they had private detectives looking for me the thing is ive always been on the electrol register so even though i lived in a few places since 1999 ive always been on there stll dont know how they got my home phone bumber even though in my partners name and ex directory

fermi

Wouldn't matter if they had a national manhunt in place with double page ads in the papers every day for 6 years. :rotfl:

The debt is still statute barred, and they can take a long walk off a short pier.

give_them_FA

Love it. Anyone else reading, learn the lesson. Debt Collection agencies lie more than politicians. Official.

Take Fermi's advice and never deal with them on the phone as they will lie and then say they didn't. If they phone you again Windsor give them a few choice expletives and hang up.

FireWyrm

Dear <Scumbags>

I am in receipt of your recent correspondence dated <date> which states that a debt of <amount> is owed by myself to <creditor> and your organisation is seeking to recover this in their behalf.

This debt is has an original default date of 1999 and is therefore Statute Barred. Since your call centre staff are obviously ill trained and lack sufficient basic knowledge of the law in this regard, I will enlighten you. Statute Barred means that the debt cannot legally be enforced regardless of whether it was once or still is owed to the creditor. The amusing fairytales that your operative recently attempted to convince me were fact in that you had 'private detectives' looking for me are really quite laughable as well as insulting.

Further to this, I am sure you are aware that continued attempts to pursue this debt are now classed as harassment under the law. I am well aware of my rights in this matter and I am formally advising you to cease your activities immediately. I will not engage in telephone conversation on this matter, nor will I reply to any correspondence. As far as I am concerned, the matter is now closed. You have been so informed and should you continue to misrepresent the legal situation or interfere further in my life, I will send a complaint to the Office of Fair Trading who no doubt will be most interested in this.

I trust that I have made myself clear. I require that my name, address and contact details that you may hold are removed from your computer system immediately.

Yours Sincerely

<You>