debt from 11 years ago!!!!!

10past6

ROSEY

First things first.

Send the letter of the the debt company.

Next, do you know the name of the soilcitor who needed complaining about?

Whether you do or not, contact this organisation here, they will be able to deal with your complaint, or know a) who the solicitor was & b) if a complaint was ever registered.

10past6

ROSEY wrote: »

10past6, thanks for interest but have to sign off. Will look for any response after 6 pm Monday evening. Thank you and goodnight.

You're welcome ROSEY

Good luck

littlebeezz

my husband as been reciving (sent to his parents address) letters from DC for debts he paid off 8yrs and 12yrs ago. He has moved 3 times in the last 8yrs and the DCollectors have only ever sent letters to his parents.
We have recently had an Experian report done for both of us for a mortgage application and nether of the alleged debts came up on it.

Im 6 & half mths pregnant and really cant be bothered into going though the rigmarole of proving he paid them.
Should we ignor the letters? (we are due to move house again in a few days).

cheers guys & gals

bigjohn71

hi i have a old debt which is about 6 years old from a bank not heard a thing untill a few months ago i got a letter from meritforce so i started to pay them but i have not been able to keep up the payments recently and now they want to take legal action and payment in full. but i have been looking on this site and i have seen things like status barred and read compliants about merit force obtaining credit reports without consent would just like to know where i stand i all of this need some help to understand thanks john:mad:

GeorgeUK

John, You're probably better creating a new thread for this, but i'll try to answer a few points here.

You have a debt that's about 6 years old - do you mean you have not paid anything towards this debt for about 6 years? or that you took out the loan or whatever about 6 years ago?

If you have not made any payments towards a debt, or acknowledged the debt in writing, for a period of 6 years (5 in Scotland) then the debt may be statute barred and unenforcable. If you made payments after a 6 year period where no payments had been made, then the debt is still statute barred. If you made payment before the 6 years were up however the clock restarts and the debt becomes enforcable.

Can you tell us what the debt was for? loan, cc, overdraft...

It may be possible for you to request a copy of the credit agreement and if they are unable to supply it then the debt could be unenforcable.

Not too sure about the obtaining credit reports thing though - may be better asking that again in the new thread.

rog2

bigjohn71 wrote: »

hi i have a old debt which is about 6 years old from a bank not heard a thing untill a few months ago i got a letter from meritforce so i started to pay them but i have not been able to keep up the payments recently and now they want to take legal action and payment in full. but i have been looking on this site and i have seen things like status barred and read compliants about merit force obtaining credit reports without consent would just like to know where i stand i all of this need some help to understand thanks john:mad:

Provided that a 'limitation period' of six years (five in Scotland) had elapsed from the last payment that you had made against this debt and the time you started making payments to the debt collection agency (meritforce?) and also providing that you did not acknowledge, in writing, the debt during that period, then the debt would, almost certainly be statute barred. It would not matter that you had made payments outside of the 'limitation period' the debt, once becoming statute barred, remains statute barred - meaning that it can no longer be pursued through the courts.
Provided that you are sure that the debt meets the above criteria, then you should be able to legally tell the dca to leave you alone.
For an overview of the Statute Barred legislation and how this 'debt' may be affected by it, have a look at:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

There is a template letter, that you can send, although, in your case, it may be better to give NDL a ring - 0808 808 4000 - and they will advise if this letter needs 'editing' to cover the fact that you have been making payments.

bigjohn71

thanks i need to find out if my debts are status barred (how do i find out) if i was to send the letter to my dcas and the debts wernt barred would that cause problems for me because i am sure one of them is 6 years but dont have any paperwork to tell me this thanks john

fatbelly

Hi Bigjohn

You will assert inyour letter that it IS statute barred - it is up to them to PROVE otherwise. If they can't demonstrate this to you with relevant documents then they can't demonstate it to a court.

Previous advice from George and Rog is spot on, as usual.

rog2

bigjohn71 wrote: »

thanks i need to find out if my debts are status barred (how do i find out) if i was to send the letter to my dcas and the debts wernt barred would that cause problems for me because i am sure one of them is 6 years but dont have any paperwork to tell me this thanks john

Fatbelly is correct, bj. Meritforce must provide documentary evidnce that the 'debt' is not statute barred, and this should be evidence that would stand up in court. If they come back with questionable, or unsubstantiated claims regarding the 'debt' then you can always ask them for an up to date statement of the account, showing dates and details of any 'payments' that they claim were made during the limitation period.

bigjohn71

thanks to all of you who have taken time to read this im very gratefull and feel happier