debt collecting

sadlybroke

hello
my partners mum recently had a phone call from a man who wanted to know the details of our address(my partner has an unusual surname and hers is the only name in the local book this person has rang few times got his phone number rang him up and he said it,s about adebt hailfax/link from 1997 said you can,t trace debt from that long ago and he said the account only closed in 2002 and wants are address and if we don,t give it to him he find it any way we did have a debt back then for about £500
what should we do ignore it (my partner mum has had really rough time recently and does,nt need this person ringing her up all the time which he said he will do we will probaly going bankrupty after xmas anyway

debt_doctor

Hi if you have not written to the company or made any payments in the last 6 years then the debt is statute barred and cannot be enforced. The fact he says the account only closed in 2002 is irrelevent.

Tell him to get lost !

wherediditallgo

If an unsecured debt hasn't been acknowledged/admitted with a payment, letter or conversation in six years, it's usually statute barred. You're not obliged to give the address to someone, so I would wait for him to find the address himself & write chasing the debt. Once the letter's been received, you can then reply not admitting or acknowledging the debt in any way, & ask him or his company to provide proof the money is owed by way of providing a copy of the signed agreement. My guess is his company have bought a load of debts at rock bottom prices, & are hoping to get the money from people who aren't aware there's no legal claim for it. A thread on this site that has more info is here .

There is also a letter here and here that you can send depending on what you hear from them in writing. Don't stress over it - he's banking on you being frightened & not knowing the law.

fermi

wherediditallgo wrote: »

If an unsecured debt hasn't been acknowledged/admitted with a payment, letter or conversation in six years, it's usually statute barred.

It is acknowledgement in writing or payment by YOU. Conversation is irrelevant whether that is via telephone or in person (EVEN if recorded).

OP. Read through the NDL info here:

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

Call them for advice, and then write the letter at the end of the link if it is decided that the 'Limitations Act' applies.

wherediditallgo

Thanks, fermi - I thought conversations counted too.

fermi

wherediditallgo wrote: »

Thanks, fermi - I thought conversations counted too.

No problem.

Lots of DCA's/creditors try to mislead people that phone calls count, but the law is VERY VERY clear (and tried and tested).