Old debt resurfaced HELP

paulhgc

I will try to keep this as short as possible aprox 10 years ago i separated from my partner and had a lot of debt in my name which i made token payments to my account

Two years ago we rekindled our relationship and november last year we purchased a house together

All credit checks so no adverse credit on my account and i had been driving trucks and staying with friends so never on the electoral roll

Today one of my debts have resurfaced the total amount of 930 pounds to barclaycard which is now being handled by cabot financial

How do i approach this debt ? Do i use our combined income or just my income as i am now worried many more of my old debts may resurface which to be totally honest i have forgotten how many i have and how much as this was over 10 years ago

fermi

So it is over 6 years since you last paid or acknowledged this debt in writing?

If so, then there are factsheet links and letters in this thread.

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

paulhgc

I made token payments of 1 pound a month and these have been coming out of my account to the same company for over 10 years

But not the company that has sent me this letter

And i have had no correspondence with regards to the debt in over 10 years

And my credit file shows no adverse credit

rizla_king

Send the statute barred letter and see what happens? This new company may have no idea of the token payments you have been making?

paulhgc

Thank you for the help so far

i notice this is also on the nation debtline website

If you have made payments towards a debt where the limitation period of 6 years has already gone by, and no court action has already been taken, the debt is probably unenforceable. Phone us for advice.

fermi

It's only staute barred if there was 6 year period during which you made no payment and did not acknowledge it in writing. If you have been making token payments for the whole time, then it can't be statute barred.

paulhgc

fermi wrote: »

It's only staute barred if there was 6 year period during which you made no payment and did not acknowledge it in writing. If you have been making token payments for the whole time, then it can't be statute barred.

So debt still stands yet my token payments have been going to a dif company for the past 10 years

fermi

paulhgc wrote: »

So debt still stands yet my token payments have been going to a dif company for the past 10 years

Well it depends what has happened here. Could well be that the account has recently been sold on from the company you were paying to the one now chasing. Or could be that it was sold on waaaay back.

Think that was why rizla suggested sending the SB letter to see what the response was? If the history of payments isn't known to the company chasing they could think it was statute barred, or it could actually be so if you were not paying the owners.

Or if they have the payments and records when they took over the debt then they would obviously refute the SB status. But at least you would know.

Stewart_78

If it's a 10 year old Barclaycard, they probably don't have a proper credit agreement to enforce anyway. But try statute barred first.

happy_bunny_2

Agree with above. Try SB, if no joy and they can provide reasonable details of your payment then do a CCA request.

Pre April 2007 debts need a signed original to enforce in court for CCJ.

They will either send you a photo copy, which may well still be unenforceable due to a technicality or they will reconstitute one which is likely to be utter drivel.

paulhgc

Well i sent the sb letter and today i got a very strange reply which goes


Dear sir

you are currently paying your account with us on a monthly basis and we thank you for that

We have had a look at the account and we can see you will still be paying the account in 15 years

We would like to help you and will accept 645 pounds instead of 922 pounds ideally to be paid in the next few weeks