Loan statute barred?

PJCBEL

Hello, I took a loan out 10 years ago as a joint loan which my wife knew nothing about. I have been paying it back through a DMP on my own (now separated). Yesterday my wife received a letter from a debt collection company that I'm dealing with about the loan, she has never been in contact with the company or been involved in DMP yet the letter reads "welcome to c......... we are now managing your account"
Will her credit file now be adversely affected? and can they even chase her for the debt after all this time.?
Debt is an unsecured bank loan, I have no property but she has house in her own name
I'd appreciate any advice, thank you

DCFC79

PJCBEL wrote: »

Hello, I took a loan out 10 years ago as a joint loan which my wife knew nothing about. I have been paying it back through a DMP on my own (now separated). Yesterday my wife received a letter from a debt collection company that I'm dealing with about the loan, she has never been in contact with the company or been involved in DMP yet the letter reads "welcome to c......... we are now managing your account"
Will her credit file now be adversely affected? and can they even chase her for the debt after all this time.?
Debt is an unsecured bank loan, I have no property but she has house in her own name
I'd appreciate any advice, thank you

Are you financially linked ?

If you are by a joint bank account then yes her report could affected by it.

Was the letter addressed to her ?

Id be tempted to write a complaint for no more letters and your wife signs it, maybe even add your contact details.

PJCBEL

No we are not financially linked and I've been living at a different address for last 2 years, the letter was addressed to her in her married name but she uses her maiden name

DCFC79

PJCBEL wrote: »

No we are not financially linked and I've been living at a different address for last 2 years, the letter was addressed to her in her married name but she uses her maiden name

In that case then her report wont be affected, no harm in her checking all 3 credit files.

Get a complaint letter printed, get her to sign it and post it and get certificate of posting.

Why they sent her a leter I dontknow, as you say you were paying the loan off.

PJCBEL

Thanks DCFC79,
I'm wondering if Im paying or I'm not is there anyway they can pursue her as from the outset I told the company my wife had nothing to do with loan and I've read that loan is now statute barred as regards her given its been over 6 years old?

Chino

PJCBEL wrote: »

I told the company my wife had nothing to do with loan

As you say that the loan was taken out:

PJCBEL wrote: »

as a joint loan

I wonder if the loan company assumes that your wife is the other individual that was named on your application for the joint loan.

As your posts imply that your wife is not the other individual named on the joint application, this might be something to raise with the ICO if the loan company refuses to correct its records.

PJCBEL

Chino, at the time (10 years) we had a joint account and I took loan out without her knowledge.
I entered DMP on my own and she took nothing to do with it, at the beginning she got a few letters but has not received any correspondence in the last 10 years until yesterday

PJCBEL

That account is now closed and has been for a long time, we have had separate accounts since then and she has a near perfect credit history which she is desperate to protect

[Deleted User]

So you took out a joint loan, in her name, without her knowing about it?
That's a criminal offence, you do realise this?

If she was named on the loan then of course the DCA would also be contacting her about it as both parties are responsible for a joint loan.

PJCBEL

Gary,
Thanks for the reply, the question I'm asking is if she hasn't been contacted in over 6 years can she be pursued for the loan or not and will this affect her credit rating, I'm stressed enough about this as she is very worried and I know what I did was very wrong and have paid a heavy price for my gambling, I don't regard myself as a criminal thanks

sleepyjones

(I think) Being statue barred only applies if you've had no correspondence with the debt collectors or you haven't acknowledged the debt, if you've been making payments it will be statue barred after 6 years of non-payment (5 in Scotland).

Being Statute Barred doesn't stop them contacting you though, it just stops them being able to enforce the debt in the courts.