Help and advice needed

Sofedup

Hi everyone, another newcomer seeking help.

I have just returned to the country after living overseas for the last 7 years, only today to be hit with a letter from a DCA landing on the doormat.
We went through a tough time in 2005/2006, due to some financial problems we ended up in debt. The upshot of the despicable tactics and bullying, caused the demise of my marriage and led to me having a nervous breakdown.
To add insult to injury, during my sickness, I lost everything to my ex, mainly due to the not so great judicial system in the Uk and my young family being with my ex, house, car, contents etc, all awarded to her.
It appears that since she was a housewife, all debts were in my name.
A win win situation for her.

I have now moved on with my life and thought this was all behind me, until today......

I was tempted to do a credit check, however this will probably just add fuel to the fire and bring all sorts of low life's out of the woodwork.

So should I;
a) Send the letter back unknown at this address.
b) Write to them with the SB'd letter.
c) Write to them enclosing £10 as suggested in their letter to receive my personal information.
d) Do nothing.

Whilst overseas, I did have emails from a DCA, who gave them my email address I can only guess.
I told them at this time that I had nothing, and I wasn't prepared to offer anything as my ex-wife had bagged all my assets.
I now rent a property, have no income as I have just returned to the UK and I am actively seeking employment.
Currently living off my meagre savings.

The likes of these people already destroyed my life once before, I sure as hell won't let it happen again.
I have to stay in the UK for a year or so due to sick family members, otherwise I would just ignore it.

Thanks in advance.

BitterAndTwisted

If this debt is over seven years old then it's statute-barred. Do not contact the lender or the DCA, acknowledge the debt, or offer to pay them anything.

Sofedup

Thanks for the prompt answer BitterAndTwisted.

How do I stop them from sending letters and potentially turning up at the property that I share with others.
I don't particularly wish my life to be discussed with housemates, nor do I want to dread the postman walking up the footpath daily.

Would it be advisable to send a SB'd letter to try and put a close to the matter?

Thanks

asparagus1968

you have already been in contact with them via email though haven't you?

Sofedup

asparagus1968 wrote: »

you have already been in contact with them via email though haven't you?

If it is the same company, then maybe yes.
The company name has now changed and I am not sure if this is the same issue. I suspect that it is, would this then cancel out the statute barred rule?

I really wasn't thinking straight before, after suffering a nervous breakdown.

Thanks in advance.

matttye

BitterandTwisted is mistaken (or didn't explain in enough detail); the debt is only statute barred if it has been six years (five in Scotland) since you paid or acknowledged the debt in writing.

Sofedup

matttye wrote: »

BitterandTwisted is mistaken (or didn't explain in enough detail); the debt is only statute barred if it has been six years (five in Scotland) since you paid or acknowledged the debt in writing.

What would you suggest as the next step?

Thanks

sourcrates

Ignore them completely, has it has been 6 years since you last paid the debt or acknowledged it in writing or verbally ?, then in England and wales the debt is statute barred which means they cant get a judgement against you in court, if this is the case there are template letters on this site to send telling them so, remember these people are debt collectors, not county court bailiffs, they have no power whatsoever to do anything, if a doorstep collector turns up at your door, tell him/her to leave, simple as that, don't confirm there identity checks, film them on your phone, have a laugh with them, any letters from them asking for money today before noon, is just the same as me asking you for the same money, would you pay me ??? no, exactly !!!

matttye

Sofedup wrote: »

What would you suggest as the next step?

Thanks

Ascertain whether it IS statute barred or not then decide what to do next. If it is, send a template letter. If it isn't, you may wish to make repayment proposals otherwise you risk getting a CCJ.

Sofedup

Would it be advisable to just send off the statute barred letter anyhow?
Are they likely to contest this, if so would I then issue a prove it letter?

Thanks again

matttye

Sofedup wrote: »

Would it be advisable to just send off the statute barred letter anyhow?
Are they likely to contest this, if so would I then issue a prove it letter?

Thanks again

I wouldn't send off a statute barred letter without first checking that it is statute barred, because if you do then they know you have no intention of paying and they might issue court proceedings straight away.

If they say the debt isn't statute barred and you say it is, then the only thing they can do is take you to court and prove to a court that it's not.

What happens is:

1. You tell creditor the debt is statute barred.
2. Creditor takes you to court.
3. You defend the claim by saying that the debt is statute barred.
4. The burden of proof is then on the creditor to show that it's not statute barred. If they can't do this, the claim will be kicked out. If they can show that it's not statute barred then you'll get a CCJ.