Advice on old debt

yoshiyella

Hello,

I am writing on behalf of a friend. In 2006/7 she had an account with Great Universal and during 2007 they passed it on to a debt collection agency. There is no default showing on any of her credit files but have started to get letters from a new debt collection agency. She has contacted Great Universal (Kandco as it is now) to see if they ever placed a default on her account. So far they have refused to give her any information - is there anything that can be done?

Thanks

happy_bunny_2

If passed on to a DCA then 99% certain they defaulted her.

Defaults fall off after 6 years from default date, paid or not.

Send the DCA who just wrote the prove it letter:
http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

When they respond, send them a CCA request. Likely they won't have it. Then they can't do any court action if defended.

When was the account taken out? 2006 or earlier?

happy_bunny_2

Forgot to say, forget contacting great universal, they won't help you as it's not their account any more.

matttye

Has she made any payments to the account since 2007? If not, then as it has been 6 years (5 years in Scotland) since she's made any payment, the debt will be statute barred, which means it's unenforceable in court.

She could just reply with the statute barred letter and ignore any further correspondence (unless court papers are received - which she shouldn't ignore).

yoshiyella

happy_bunny wrote: »

If passed on to a DCA then 99% certain they defaulted her.

Defaults fall off after 6 years from default date, paid or not.

Send the DCA who just wrote the prove it letter:
http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

When they respond, send them a CCA request. Likely they won't have it. Then they can't do any court action if defended.

When was the account taken out? 2006 or earlier?

It was taken out in August 2006.

yoshiyella

matttye wrote: »

Has she made any payments to the account since 2007? If not, then as it has been 6 years (5 years in Scotland) since she's made any payment, the debt will be statute barred, which means it's unenforceable in court.

She could just reply with the statute barred letter and ignore any further correspondence (unless court papers are received - which she shouldn't ignore).

No, there have been no payments made since 2007. Would they likely send a court letter if it is statue barred or would they keep on trying and bluffing? Thanks

matttye

yoshiyella wrote: »

No, there have been no payments made since 2007. Would they likely send a court letter if it is statue barred or would they keep on trying and bluffing? Thanks

Probably keep on trying and bluffing.

If she hasn't paid in over 6 years (5 years, Scotland) there's nothing to stop them starting a court claim, but she would respond with the defence that the debt is statute barred. The court would then throw it out.

happy_bunny_2

And even if not SB, chances of a CCJ are slim as they were not too hot on getting CCAs. But depends if taken out online.

Prove it letter and CCA should hold them off til it definitely is SB. Then they are stuffed.