debt from 11 years ago!!!!!

tinymcfc

Debts from over 6 years ago are perfectly fine to chase, the debt recovery agencies are well within their rights to collect a debt from you. What they can't do is take you to court over it, assign attachment of earnings or somesuch. However they are perfectly fine to send letters, phone, demand payment, send debt collectors to your property.

fermi

tinymcfc wrote: »

However they are perfectly fine to send letters, phone, demand payment, send debt collectors to your property.

ONLY within very strict limits.

And if they continue to press for payment once you have told them you will not be paying as the debt is "statute barred" then that may well constitute harassment.

The Office Of Fair Trading has this to say:

From: Office of Fair Trading - Debt collection guidance

Statute barred debt

2.13

This guidance applies to the pursuit of debt regardless of its age. We will be carrying out further work on this aspect of debt recovery including analysis of relevant legislation and practice throughout the UK.

2.14

In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970

fermi

Also from National Debtline:

OFT Debt Collection Guidance

The Office of Fair Trading (OFT) has issued debt collection guidance which looks at whether a debt is being collected fairly. They say:

• it is unfair to pursue the debt if you have heard nothing from the creditor for six years;
• the OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time;
• it is unfair to mislead you by saying the debt is still legally recoverable when it isn't;
• it is unfair to keep pressing for payment after you have told them you won't be paying the debt because it is statute barred.

If this is happening then you can complain to your local trading standards department in the council. They can take up your case for you. You can also complain to the OFT. Their address is at the end of the fact sheet. The OFT does not usually take up individual cases but their debt collection licensing enforcement team collects information that can be used to take action against problem creditors, who can even lose their consumer credit licence.

The Financial Ombudsman Service

From April 2007 you can complain to the Financial Ombudsman Service about how a lender or debt collection agency has behaved when dealing with your account. You will have to follow the lender's complaints procedure first. You can only complain about events that happen from April 2007 onwards.

If a debt collector continues to hassle you after you have told them that the debt is "statute barred" then report them as above.

ROSEY

Thanks to Fermi and thanks for responses. As we are now in 2008 and claim relates to 1991 with no written notice of the claim, this is 17 years with nothing in writing until now. So what does that mean? You should see this case. Colleague had help from someone with expertise in field of report writing. 7 years later, 3 filing cabinets filled with trying to get somewhere and no result. The solicitor had got 18 court orders, the respondent broke 16 and solicitor dumped colleague saying it was costing the firm too much money to get respondent to obey court orders. At the end, both too ill.
How can they claim after 17 years with no previous claim? It's all too deep for me and I don't know what to say or do.

fermi

Having them talk with National Debtline free on 0808 808 4000 would be a good idea.

I don't think we have enough to go on here.

There are some property related debts like shortfalls on a mortgage that are not barred until there has been 12 years without contact.

This is their factsheet on mortgage shortfalls: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls

ROSEY

Thank you Fermi. I didn't put it very well before. What I am trying to say is that the LSC say the claim relates to 1981 but my colleague (L) never had anything in writing. So 17 years have passed i.e. 1981 to 2008 - so why haven't they raised the matter before? If you think, like me, that's weird, Ive just been reading a report that was written up at the time. No, seriously, really bad treatment has gone on here.

10past6

tinymcfc wrote: »

Debts from over 6 years ago are perfectly fine to chase, the debt recovery agencies are well within their rights to collect a debt from you. What they can't do is take you to court over it, assign attachment of earnings or somesuch. However they are perfectly fine to send letters, phone, demand payment, send debt collectors to your property.

THE ABOVE POST IS TOTALLY INCORRECT!

Debts OVER 6 years old are subject to "Statue Barred, as laid down by the OFT Guidelines:

"We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The debt is not dead, but is unenforceable.

If a CCJ has been attached to the debt, again the debt is unenforcable, the company MUST take leave of the court for any further action to be applied.

fermi

10past6: If you look at tinymcfc's other posts you will see that he/she works for a DCA.

As such, they wouldn't know the truth or the OFT guidelines if they fell over them. :rolleyes:

10past6

ROSEY wrote: »

How can they claim after 17 years with no previous claim?

Some scumbags, oops, sorry DCA will buy old debts, and then pursue the claimant in the hope they can intimidate them.

Out of curiosity, have you moved many times within the last 17 years?

10past6

fermi wrote: »

10past6: If you look at tinymcfc's other posts you will see that he/she works for a DCA.

As such, they wouldn't know the truth or the OFT guidelines if they fell over them. :rolleyes:

Opps, sorry fermi, I was so eager to reply to the post in case anyone viewing became worried by that post.