Debt collection after 10yrs possible??

navdepsingh

I have recieved correspondence from a debt collection agency that they intend to recover £482.50 from me from a debt 10yrs ago that I disagree I had.

I have no recollection of this debt and nobody has contacted me regarding it for the previous 10yrs. I am pretty sure that this does not relate to me. Based on the address they claim its from, It was whilst I was at uni, in rented accomodation, living with friends, studying full time.

The address and my name is the only information "they seem to have at hand and has been provided to them"!

Is this type of collection possible???

jonesMUFCforever

On the face of it no - it is statute barred after 6 years.

Make them tell you what the debt is for (just out of curiosity) and then write back to them confirming it is not your debt and that if it was yours it now cannot be collected.

wyebird

If you have not acknowledged a debt for 6 years then it is statute barred and not recoverable. There are lots of threads and letter templates on this on the DFW board.

[Deleted User]

Well they're statute barred as the debt is more than six years old. Tell them to go take a running jump. They can't claim it back - nothing to stop them asking though.

"I have no recollection of this debt" and "It was whilst I was at uni, in rented accomodation, living with friends, studying full time" don't seem very consistent though... :rotfl:

inmypocketnottheirs

I would place a straight bet this debt collecting agency is either McKenzie Hall or Ruthbridge, search around these forums to find more information on these sharks. Meanwhile, ensure that you do not admit any liability in anyway, or say anything that may lead yo to admit liability. Debts can not be collected after six years, unless an admission of liability is made and then the six year period starts afresh.

I would advise using the below letter:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Hope this helps!

ameliarate

Not quite sure what I am doing as it is my first time on this site. I got a text message on my landline at 1.45 am, woken from a deep sleep, asking me to ring Angela at McKenzie Hall urgently. Having googled the name and found the information on here, I suspect I am right in thinking just ignore it? I certainly don't have any debts outstanding. Advice appreciated.

GeorgeUK

Might be worth doing a free credit check on Experian just to make sure.

I wouldn't bother contacting them unless they become persistant or write to you. They probably got hold of your nme, looked up your number and will ask for your address etc to make sure the debt is yours, then once you give your details... oh yes, it is your debt. Just make sure you don't give out ANY details. They need to prove the debt is yours - you don't need to prove it isn't.

inmypocketnottheirs

ameliarate wrote: »

Not quite sure what I am doing as it is my first time on this site. I got a text message on my landline at 1.45 am, woken from a deep sleep, asking me to ring Angela at McKenzie Hall urgently. Having googled the name and found the information on here, I suspect I am right in thinking just ignore it? I certainly don't have any debts outstanding. Advice appreciated.

Send the letter in post #5. That usually puts the lid on things.

Good luck