Six year rule? Can anyone help?

rdf_2

A few years ago I suffered a financial collapse and after months of receiving letter after letter from debt collectors, ran from it all. I completely ran out of money and became almost homeless. Through a lot of hard work I've managed to get back on my feet and now am just about comfortable. I am gradually paying off debts and feel like I am getting somewhere.

I've had a call however from a debt recovery company today for a sum in the region of £400 (which I don't have at the minute) for a defaulted phone contract. They have been texting me for some time but without any details of what they wanted to talk to me about so until now I've ignored them. However I've now had a conversation with them and although I don't recognise the phone number of the contract that they're referring to I think it probably is a legitimate debt.

During the discussing, however, I asked when the last contact was that I had with the company they brought the debt from and he said it was when I paid the last bill. This was March 2006. I was under the impression that if a debt goes for 6 years without any contact between the company and the person that owes the money then is becomes void. Is this correct?

The conversation was left when I said that I'm not refusing to pay any money that I am legally obliged to but would have to check the mobile number against my records and seek legal advice because of the amount of time that has passed since the last contact, and that I would get back to them as soon as I had.

If someone could clarify my legal standing I would be very grateful. I'm not trying to avoid paying money that I have to but it would be nice not to have to pay any money that I don't.

Thanks in advance.

VitaK

A debt becomes statute barred when the creditor have not obtained a ccj, and you have not acknowledge the debt in writting or by making a part payment within the relevant limitation period, 6 years.

Statute barred means that the debt is unenforceble, not that it dosent exist anymore. You can tell them you will not pay the debt and they will have to cease collection activity.

rdf_2

VitaK wrote: »

A debt becomes statute barred when the creditor have not obtained a ccj, and you have not acknowledge the debt in writting or by making a part payment within the relevant limitation period, 6 years.

Statute barred means that the debt is unenforceble, not that it dosent exist anymore. You can tell them you will not pay the debt and they will have to cease collection activity.

Thank you very much. Would the correct course of action be to now write to the company who is contacting me and tell them that as this time has now passed then I am not under obligation to pay?
Appreciate you help

fermi

Info, further links, and letters in this thread

---> https://forums.moneysavingexpert.com/discussion/2606811

rdf_2

fermi wrote: »

Info, further links, and letters in this thread

thank you very much for your help

DonnaDay1969

I got in bad debt a year after getting married as we spent on credit cards and couldn't get a loan to pay them off. We almost went down the Debt Management Route but decided to pull out at the last minute. We did however when notifying our creditors get a welcomed surprise as they decided to freeze our interest. One lender for over a year and the other for 6 months. Speak to them first and ask what they can do. DM companies make a killing off people that are vulnerable.

Time_to_face_the_music

DonnaDay1969 wrote: »

DM companies make a killing off people that are vulnerable.

I think that should be SOME DM companies make a killing off people that are vulnerable.

Glad to hear things are going well but if you ever do need a debt management plan, you can always go to CCCS or Payplan who offer an excellent free service