EOS sending letters for debt that isn't recognised but would be well over 10 years old, which letter

2310catherine

Hi, my husband has had a couple of letters from an EOS Solutions. Initially we ignored them as thought they were a scam. However the most recent one says they may refer to their legal partners. The 'debt' is £1,666 so no small amount. Husband doesn't recall this but in any event we have been together ten years so would predate that. Nothing on his credit file, no CCJ's.  What do we do? It's causing a huge amount of stress. I have had a look at the standard letters, do I simply send the 'no knowledge and statute barred anyway'?

I'm not one to run away from things if they are due, but equally we simply wouldn't have the funds to pay it? At what point does it become statute barred as hubby doesn't recall ever making any payments on a Welcome Finance Loan which was the name on the last letter.

Many thanks for any advice.

[Deleted User]

Have you checked if they have a CCJ or just mean it's not on his credit record? It could be they got a CCJ more than 6 years ago and have decided to try and enforce it

SusieT

You could send that letter, or, you could send the prove it one to make sure it is his debt and not one that they are on a fishing trip for and he shares the same name as someone else, and then follow it up with the statute barred one. Either way will work in this situation.

2310catherine

Deleted_User said:

Have you checked if they have a CCJ or just mean it's not on his credit record? It could be they got a CCJ more than 6 years ago and have decided to try and enforce it

How do you check for a CCJ other than checking a credit file? It wasn't on there 6 years ago, neither was the debt and its not on there now?

nyermen

2310catherine said:

How do you check for a CCJ other than checking a credit file? It wasn't on there 6 years ago, neither was the debt and its not on there now?

I think you can check the public registry - google found me a link, but I'm hesitant to post it incase its not the official one.

2310catherine

Can we email the relevant letter or should it be done by post?

PRAISETHESUN

There are two separate 6 year timers in play here - the 6 year timer for defaults to appear/fall off on your credit file, and the 6 year statute barred timer. Defaults will fall off your report after 6 years from the default date, but if you've acknowledged the debt in any way in the intervening period that will reset the clock and the debt may still be enforceable even though it is no longer on your file.

I'd be checking your the court directly if any CCJs have been issued, and if not, then write back to the lender with a "prove it" letter (various templates available online from places such as StepChange, etc). This will request details of the debt without specifically acknowledging it, so won't reset the enforcement timer. Don't start off immediately with a statute barred letter unless you are 100% certain it actually is, otherwise this WILL count as acknowledging the debt and reset the enforcement timer.

Send your letters by mail, using tracking + signature (and obtain proof of postage).

2310catherine

PRAISETHESUN said:

There are two separate 6 year timers in play here - the 6 year timer for defaults to appear/fall off on your credit file, and the 6 year statute barred timer. Defaults will fall off your report after 6 years from the default date, but if you've acknowledged the debt in any way in the intervening period that will reset the clock and the debt may still be enforceable even though it is no longer on your file.

I'd be checking your the court directly if any CCJs have been issued, and if not, then write back to the lender with a "prove it" letter (various templates available online from places such as StepChange, etc). This will request details of the debt without specifically acknowledging it, so won't reset the enforcement timer. Don't start off immediately with a statute barred letter unless you are 100% certain it actually is, otherwise this WILL count as acknowledging the debt and reset the enforcement timer.

Send your letters by mail, using tracking + signature (and obtain proof of postage).

I've actually just sent the letter before reading this. Have sent recorded delivery. We used the template from this forum called Hybrid letter stating that you have no knowledge of the debt AND that it would be statute barred regardless.

sourcrates

2310catherine said:

PRAISETHESUN said:

There are two separate 6 year timers in play here - the 6 year timer for defaults to appear/fall off on your credit file, and the 6 year statute barred timer. Defaults will fall off your report after 6 years from the default date, but if you've acknowledged the debt in any way in the intervening period that will reset the clock and the debt may still be enforceable even though it is no longer on your file.

I'd be checking your the court directly if any CCJs have been issued, and if not, then write back to the lender with a "prove it" letter (various templates available online from places such as StepChange, etc). This will request details of the debt without specifically acknowledging it, so won't reset the enforcement timer. Don't start off immediately with a statute barred letter unless you are 100% certain it actually is, otherwise this WILL count as acknowledging the debt and reset the enforcement timer.

Send your letters by mail, using tracking + signature (and obtain proof of postage).

I've actually just sent the letter before reading this. Have sent recorded delivery. We used the template from this forum called Hybrid letter stating that you have no knowledge of the debt AND that it would be statute barred regardless.

Yes, you have done the right thing.

The hybrid "Provit letter" is specifically worded so as not to acknowledge anything, and the part about it being statute barred anyway, is generic, so that`s all good.

There would be no trace now of any CCJ over 6 years old, on any platform or register, anyway you would be jumping the gun assuming legal action had been taken, without first finding out more information on the debt.

See what they get back to you with, and report back if you need further help.

[Deleted User]

sourcrates said:

2310catherine said:

PRAISETHESUN said:

There are two separate 6 year timers in play here - the 6 year timer for defaults to appear/fall off on your credit file, and the 6 year statute barred timer. Defaults will fall off your report after 6 years from the default date, but if you've acknowledged the debt in any way in the intervening period that will reset the clock and the debt may still be enforceable even though it is no longer on your file.

I'd be checking your the court directly if any CCJs have been issued, and if not, then write back to the lender with a "prove it" letter (various templates available online from places such as StepChange, etc). This will request details of the debt without specifically acknowledging it, so won't reset the enforcement timer. Don't start off immediately with a statute barred letter unless you are 100% certain it actually is, otherwise this WILL count as acknowledging the debt and reset the enforcement timer.

Send your letters by mail, using tracking + signature (and obtain proof of postage).

I've actually just sent the letter before reading this. Have sent recorded delivery. We used the template from this forum called Hybrid letter stating that you have no knowledge of the debt AND that it would be statute barred regardless.

Yes, you have done the right thing.

The hybrid "Provit letter" is specifically worded so as not to acknowledge anything, and the part about it being statute barred anyway, is generic, so that`s all good.

There would be no trace now of any CCJ over 6 years old, on any platform or register, anyway you would be jumping the gun assuming legal action had been taken, without first finding out more information on the debt.

See what they get back to you with, and report back if you need further help.

If they took out a CCJ inside the 6 years, that can still be enforced, no? Just because it's dropped off the file doesn't mean they couldn't try and push it even if they have to apply to the court to explain why it took so long e.g. if another firm bought the debt

sourcrates

Deleted_User said:

sourcrates said:

2310catherine said:

PRAISETHESUN said:

There are two separate 6 year timers in play here - the 6 year timer for defaults to appear/fall off on your credit file, and the 6 year statute barred timer. Defaults will fall off your report after 6 years from the default date, but if you've acknowledged the debt in any way in the intervening period that will reset the clock and the debt may still be enforceable even though it is no longer on your file.

I'd be checking your the court directly if any CCJs have been issued, and if not, then write back to the lender with a "prove it" letter (various templates available online from places such as StepChange, etc). This will request details of the debt without specifically acknowledging it, so won't reset the enforcement timer. Don't start off immediately with a statute barred letter unless you are 100% certain it actually is, otherwise this WILL count as acknowledging the debt and reset the enforcement timer.

Send your letters by mail, using tracking + signature (and obtain proof of postage).

I've actually just sent the letter before reading this. Have sent recorded delivery. We used the template from this forum called Hybrid letter stating that you have no knowledge of the debt AND that it would be statute barred regardless.

Yes, you have done the right thing.

The hybrid "Provit letter" is specifically worded so as not to acknowledge anything, and the part about it being statute barred anyway, is generic, so that`s all good.

There would be no trace now of any CCJ over 6 years old, on any platform or register, anyway you would be jumping the gun assuming legal action had been taken, without first finding out more information on the debt.

See what they get back to you with, and report back if you need further help.

If they took out a CCJ inside the 6 years, that can still be enforced, no? Just because it's dropped off the file doesn't mean they couldn't try and push it even if they have to apply to the court to explain why it took so long e.g. if another firm bought the debt

Well EOS are suggesting escalating the matter to their legal team, which wouldn`t happen if action had already been taken, as you can`t take action twice, surely they would just come out and say we have a CCJ, wouldn`t they ?

Only a very tiny proportion of defaulted debt is ever put through the legal system, the actual figure is around 12% I believe, that`s up from around 9% a couple of years ago, so 80 plus % never have any action taken on them.

Add to that its an old debt, maybe been sold a few times, records may be lost, deleted, no one has mentioned a CCJ as yet, the OP`s file is clear, I`d still go with the hybrid letter and see what response comes back.