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Need help with a really, really old debt. (And slightly annoying one too)
Olibubble
Posts: 21 Forumite
Just received a letter from a debt collector stating I owe a bank £1,800. The last time I paid any money into that bank account was in November 2001. I was out of the country from November 2001 to November 2002.
When I returned I went to my bank to offer to pay this money back. I spoke to the bank manager who couldn't find the debt on their system, and they couldn't find the debt at the third party they claimed they passed it on to. Therefore at the time I was unable to pay the debt off. My bank has never written to me requesting this money. The letter from the debt collectors was the first contact I have had about it, even though I originally offered to pay this off in 2002.
Somewhere along the line around £600 of interest has been added to the £1,100 debt.
What is my best course of action? I am thinking about writing to the creditors to tell them that I do not acknowledge this debt. If I wait until November this year then it will have been over 6 years since I made any payment on the debt. (An overdraft)
I only want to take this line because I think they are extremely cheeky to hit me with this debt after all this time and to add all the interest, when at the time I offered to pay (verbally at the branch) and was unable to!!!
I would have easily paid it all off by now (even at £5 a week, it would have been paid off a couple of years ago)
I'm so annoyed. So can I go down the statute barred route to stop them taking me to court?
When I returned I went to my bank to offer to pay this money back. I spoke to the bank manager who couldn't find the debt on their system, and they couldn't find the debt at the third party they claimed they passed it on to. Therefore at the time I was unable to pay the debt off. My bank has never written to me requesting this money. The letter from the debt collectors was the first contact I have had about it, even though I originally offered to pay this off in 2002.
Somewhere along the line around £600 of interest has been added to the £1,100 debt.
What is my best course of action? I am thinking about writing to the creditors to tell them that I do not acknowledge this debt. If I wait until November this year then it will have been over 6 years since I made any payment on the debt. (An overdraft)
I only want to take this line because I think they are extremely cheeky to hit me with this debt after all this time and to add all the interest, when at the time I offered to pay (verbally at the branch) and was unable to!!!
I would have easily paid it all off by now (even at £5 a week, it would have been paid off a couple of years ago)
I'm so annoyed. So can I go down the statute barred route to stop them taking me to court?
0
Comments
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Hi Oli - Providing that you have made no payment against the debt, or made any WRITTEN contact to the creditor regarding the debt, for a period of six years, then, almost certainly, the debt will be covered by the Limitations Act 1980 and will be 'Statute Barred', and therefore once you tell the creditor, or his agent, that you will NOT pay, then they can no longer collect this debt.
The only questions in your case are that:
a. you went to the Bank, although if you have made no offer in writing, then this should be okay.
b. you say that you offered to pay the debt in 2002 - if that offer was made in writing, then the six years will not be up until next year.
Of course, if you are lucky enough to live in Scotland the period becomes five years.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Thanks for the reply. I never made any offer in writing at the bank. What really annoys me is that at the time I offered to pay with the bank, and the bank even opened another bank account for me, linked to my old one. So its not as though they didn't have my current address all this time.
So I guess I just ignore all the letters until the start of November, and then write to them explaining I do not acknowledge this debt and it is now statute barred. I have found example letters on the internet for it now. Thanks for your input.0
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