advise please

kirstymccr

Hi
I was very irresponsible as a student in 200-2002 and run up debt on an overdraft and a credit card. I left and moved in with my partner and have not heard anything until a friend in my street got a phonecall last week asking if i lived at an address as they had a parcel to deliver. They asked the friend for a contact number and she refused. This morning i received a demand for the default on my overdraft and i believe it is from the company who phoned my friend. I am not happy that they have contacted people in my street to find out my address and would like some advice about how to deal with this debt
many thanks

pania

Hi. I believe that if you have had no contact with regards this debt from 6 years from the time you last ever had the contact with this company then the debt becomes null and void. Has it been six years? you're pretty close to it! if yes then i'd say you have a good case to fight it and even more ask them to justify how they managed to trace you and explain the methods that they used. Hope this helps.
P
xx

kirstymccr

Thanks for that. I will try and find out the date of default as i think it must be at least 6 yrs. Would you advise contacting them or does this restart the 6 yrs?
Thanks

angelavdavis

Well, unfortunately they are likely to be within the statute barred period of 6 years by the sound of it, so you will be liable for the debt.

Do you have income now to pay the debt?

If you believe it is likely to be statute barred, do you have a copy of the credit agreement? You can request a copy by providing a postal order for £1 to cover their costs.

If you look on www.nationaldebtline.co.uk at their letter templates, there is one draft for statute barred debts and one for credit agreement provision. Send any letters registered and keep a copy for your own records.

Hope that helps.

kirstymccr

I do have income to pay the debt. Is the 6 years from the date of the credit agreement?
Thanks

kirstymccr

i checked the debtline templates and they advised that in scotland it is 5 years if no payments or contact has been made. I will post the letter tommorrow and await a response
Thanks

pania

oooh are you scotland? not to sure on that hon but don't let the company hoodwink you into believing you still have to pay if you don't. Speak to Citizens advice and get a definitive answer on it. That way you'll know exactly where you stand.
Let us know how you get on.
P
xx