PLEASE HELP!! Chased for 8 year old debt...

jeni1989x

Im just looking for a bit of advice, 8 years ago (2005) I took out an account with littlewoods, maxed to the credit limit (£200) and never paid a penny back.. I moved house in 2008 and I've not heard anything until 3 months ago, when I started receiving letters from ARC Europe limited for £217.32, I moved house again in July and got my post redirected, I've since had two more letters (old address on the letter) from them demanding money.

I have never spoke to littlewoods in the whole 8 years since taking out the account so where do I stand? I thought a debt was wiped after 6 years.

Any advice is appreciated, many thanks

~Beanie~

They are not wiped after 6 years but do become statute barred. This means that the debt cannot be enforced through the courts, as long as you haven't made a payment or acknowledged that you owe anything during that time.

spacey2012

They can ask you to pay and pester.
If they have not obtained a CCJ !
First thing is you need to give them your new address, this is very important or they may issue court papers to the old one trying it on.
Once they have your new address this gives you the power to tell them it is statute barred, begger off and sulk and they can not try a fast one in obtaining a CCJ as you would have an absolute defence.

So I would do this, wait for a new letter and stick it on them.

"Dear debt collector I have moved to 434 edward road thanks.
Do not let them get a copy of any signature.

Once they start writing, then you can use the template statute barred letter.

Beware, they will lie and invent things, so hold firm, write once with the statute barred and ignore anything other than court papers.

NinjaSavingKat

Or you could do the honest thing and pay what you owe?

fermi

Info in this link ---> https://forums.moneysavingexpert.com/discussion/2606811

Mallotum_X

NinjaSavingKat wrote: »

Or you could do the honest thing and pay what you owe?

Well said.

fatbelly

Is it statute barred? Assuming you're in England/Wales, your last payment would have had to be in July 2007 or earlier. If you were still making payments into 2008, then they still have time to start court action, not that it's very likely.

If you're certain that it is statute barred then the SB letter can be sent:

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

Edit: OK, you've got it twice now

fermi

I read that as taken out in 2005, and nothing paid on the account ever? So depends really on when the balance was actually accrued and not paid?

midnight_express

Given that it appears you didn't intent to repay the debt this is afraud. This is a criminal offence.

rizla_king

I don't see anything saying what the original intention was when spending the money? Maybe circumstances changed suddenly?

Anyway, fraud is only fraud if you are seeking a gain by making a false representation or failing to disclose information.

Failing to pay a debt on an account validly obtained is not fraud, but is a civil matter, on which the creditor has a civil remedy of seeking judgement through the courts.

The creditor has failed to take advantage of that remedy for over 6 years, so has lost the right to do so.