Chased by a debt collector for 12 year old debt

Dajnire

Hello all,

I'm hoping for some advice.

I have a debt collector contacting me for a loan I took out around 12 years ago. The debt is genuine, do I need to pay?

further detail as follows:
I used to have some debts totaling around £9000. I avoided paying them for quite some time, but in 2008 I attempted to pay them off. I made agreements with two debt collectors and had these debts settled, but I was aware of a 3rd debt for a loan I took out in around 2001. I tried contacting the bank which gave me the loan, but they had no record of it, so I had no one to go to to pay this off (I wasn't being chased for this debt).

A couple of weeks ago I applied for a mortgage for the first time and was provisionally accepted. However, within days of doing this I received a letter at my current address from a company called 'Robinson Way', asking me to confirm if I lived there. I haven't responded, but two weeks later I have now received a second letter from 'CL Finance' stating that they have passed my debt to Robinson Way.

I have no knowledge of either of these companies, but the second letter stated the original bank from whom I took the loan and the amount owed (more than I thought).

My two questions are:
Do I respond and if so, how?
Do I need to repay a debt which is this old and to a company who I have never heard of before (presumably they've bought the debt)?

Many thanks for all advice given.

rizla_king

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

spacey2012

In this instance I would send them the statute barred template for the simple reason it prevents them from issuing a ccj at an old address once they have the new one, if you ignore a request to confirm an address you can not N244 out the ccj. .
See what they come back with

fatbelly

Yes, you could use the standard statute barred letter (post#2)

Or you could use the one in post#5 if they have indicated that this is an old debt.

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

You definitely haven't acknowledged this, by payment or in writing, since Nov 2007?

JACKHANDYMAN

Ignore any letters. If the debt is over 6 years old they cannot do anything. Check out your local CAB!

spacey2012

Only trouble with Ignoring is they can still apply for a CCJ using the old address and it will go through.
SB means you have defence if you file one.
If you ignore an opportunity to confirm your address they have done what is required to correctly serve CCJ papers to the old address and a N244 application to remove the CCJ will fail.
Once they know the new address they must serve and court papers to it or a N244 will stroke it out.

These debt collectors are not totally daft, they get a CCJ, they can update it to the new address and use Bailiffs.
Hence you must make sure any papers come to you so you can use a statute barred defence if they try court.
Ignore and the next knock could be bailiffs telling you they have seized your car.

Dajnire

Thanks for the responses.

I definitely haven't had ANY contact or made ANY payments on this debt for at least 6 years (more like 9 years).
I will give the National Debtline a call too and ask for their advice before sending one of the template letter. I really want to ensure I make the right choices, as i thought i was rid of all my past mistakes .

One other thing... now that the credit report run for my mortgage application seems to have alerted these agencies to my existence, will it mean that I now fail a future credit check?

Thanks again.

fatbelly

Dajnire wrote: »

Thanks for the responses.

I definitely haven't had ANY contact or made ANY payments on this debt for at least 6 years (more like 9 years).
I will give the National Debtline a call too and ask for their advice before sending one of the template letter. I really want to ensure I make the right choices, as i thought i was rid of all my past mistakes .

One other thing... now that the credit report run for my mortgage application seems to have alerted these agencies to my existence, will it mean that I now fail a future credit check?

Thanks again.

That seems a good plan. I think they will advise you to send their template letter, which is fine.

Updating your credit file often brings you to the attention of those that had you on their list. The only thing to watch out for is an entry of a defaulted debt with a made-up default date. It's worth keeping an eye on your report - I do a £2 check about once a year but you may want to do this more frequently. Challenge anything that you do not recognise as genuine.