6 year rule

neil2102

hi
im new to this so dont bite :rotfl:
i have an old debt going back at least 6 years or more from a previous
marriage and have since moved away .i was contracted by a debt company asking for payment ,i told them i wasn't sure about the debt
but i set up a direct debt to repay per month,i have since found out about the 6 year rule limitations act ,i have looked and looked at different forums and even Google it but im still confused , i have read that having paid a payment i will have to repay the debt however i have also read that i can stop paying them but wont receive any payments back from them ...
i now know i was a fool by admitting the debt but any advice would be helpful please
many thanks
neil

stewil18

I was under the impression that because you have admitted the debt, it is now again live and the 6 year rule is done for.

Not sure if it was a large amount or not but i would never admit to anything unless they can give you proof you own the debt.

I had a debt company knocking on the door asking about a debt from a flat a mate and I shared from 5 years previous - an unpaid electricty bill - it turned out it was the communial area of the building and the landlord was responsible, so I happily passed on their details to the debt company and never heard from them again. Sneaky beggars tho, they are just after anybody's money!!

DCFC79

You said you weren't sure about the debt yet still set up a direct debit.
What weren't you sure about the debt ?
Because you have acknowledged the debt you now have to pay it.

neil2102

stewil18 wrote: »

I was under the impression that because you have admitted the debt, it is now again live and the 6 year rule is done for.

Not sure if it was a large amount or not but i would never admit to anything unless they can give you proof you own the debt.

I had a debt company knocking on the door asking about a debt from a flat a mate and I shared from 5 years previous - an unpaid electricty bill - it turned out it was the communial area of the building and the landlord was responsible, so I happily passed on their details to the debt company and never heard from them again. Sneaky beggars tho, they are just after anybody's money!!

that's what i did read however i did also read that the debt can be unenforceable however they will not repay any payments made by me....the debt was just under £1000 and yes i was a fool :mad:

neil2102

DCFC79 wrote: »

You said you weren't sure about the debt yet still set up a direct debit.
What weren't you sure about the debt ?
Because you have acknowledged the debt you now have to pay it.

if i actually owed the debt at all as it was well over 6 years ago

fatbelly

Neil - I'm going to assume you're in England/Wales.

The main question is:

Was there ever a period of six years when you did not acknowledge this debt by payment or in writing?

Second question:

What was this debt for?

Thought of a third one:

Did the creditor ever get a county court judgement on it?

RAS

Thanks fat belly

Assuming England or Wales

OP - if there was EVER a period of 6 years during which you paid nothing nor made written acknowledement, the debt is statute barred and you can stop paying even if you have set up a DD, unless

1. They have a CCJ (within 6 years of when you started paying)
2. If this was a joint debt with your ex, there is a risk that the other party made a payment within the 6 year period.

neil2102

hi
to the best of my knowledge the first time they contacted me by phone was after 6 years had past..
second question...the debt was an old credit card with the halifax
third question ..no ccj was obtained against me

neil2102

i forgot to say that 5 days ago out of the blue ,they contacted me by telephone saying that they are sending out a financial statement for me to fill in,this is the first time they have contacted me regarding this ,im i obliged to fill this form in ?

fermi

If 6 years had already passed before you made any recent payments, then the debt would have been statute barred and still is now.

Letter ----> http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

And no, you don't have to fill in their forms.

Lensman_2

Just to support the good advice from the experts.

DCAs have no right to your financial data. At all.

Only a judge can get that information as part of a CCJ.