Debt collectors chasing a time-barred debt

M_Dawson

I’m trying to reach out in the hope someone can help in what’s now become a very distressing situation.

Basically, I’m being intimidated, threatened and harassed by a firm of debt collectors who are trying to collect a debt from a water company for an address I have not lived at for more than a decade. The first letter appeared out of the blue and the debt date refers to a more recent period which looks very very suspicious indeed (dated 8 years since I left). I’ve politely responded in writing with evidence that I was not a resident at the old address and have mentioned the time-barred period which they are completely ignoring.

I’ve politely written back providing evidence of not living that at the old address at the time of debt but they’ve now come back stating a contract does exist and they want me to provide them with tenancy cessation agreements, council tax or mortgage detail, all of which I do not have.

They’ve given me 21 days to come up with the goods otherwise they will continue to instigate their threats.

Could someone please please point me in the right direction as I don’t know how to fend off these wolves who seem to think I’m still under contract to pay for quite clearly something that’s got absolutely nothing to do with me whatsoever. I know I’m in the right here, I just don’t know what to say or how to respond. Very distressing.

Maybe I should contact the water company, the Financial Conduct Authority or the energy ombudsman?

user1977

M_Dawson said:

I’m being intimidated, threatened and harassed by a firm of debt collectors 

What exactly are they doing, other than sending you letters?

M_Dawson

Just letters to date, they have put their demands on hold for 21 days until I provide them with evidence required which I don’t have. I haven’t lived there for over a decade.

Manxman_in_exile

If you are 100% confident* that the debt is statute barred then, AIUI, you can safely ignore them as there is nothing they can do to enforce it.  Just ignore their letters and put them in the bin.  If you engage with them at all there is a danger you will end up in prolonged letter tennis that you can't stop.

If you do want to do something proactive I'd be inclined to complain to the water company and/or Ofwat.  Aren't they the regulator?

*Were you aware at all that you may have left a debt 8 - 10+ years ago or has this come out of the blue?  I assume that water company debts are statute barred after 6 years just like other debts.

M_Dawson

Totally out of the blue, the alleged debt date is now dated to years ago and I was most definitely not at the old address at this alleged time, as I left well over a decade ago.

M_Dawson

Reposting this as predictive text of less than < 3 years  symbol has generated a heart symbol.  

Totally out of the blue, the alleged debt date is now dated to < 3 years ago and I was most definitely not at the old address at this alleged time, as I left well over a decade ago.

Undervalued

M_Dawson said:

I’m trying to reach out in the hope someone can help in what’s now become a very distressing situation.

Basically, I’m being intimidated, threatened and harassed by a firm of debt collectors who are trying to collect a debt from a water company for an address I have not lived at for more than a decade. The first letter appeared out of the blue and the debt date refers to a more recent period which looks very very suspicious indeed (dated 8 years since I left). I’ve politely responded in writing with evidence that I was not a resident at the old address and have mentioned the time-barred period which they are completely ignoring.

I’ve politely written back providing evidence of not living that at the old address at the time of debt but they’ve now come back stating a contract does exist and they want me to provide them with tenancy cessation agreements, council tax or mortgage detail, all of which I do not have.

They’ve given me 21 days to come up with the goods otherwise they will continue to instigate their threats.

Could someone please please point me in the right direction as I don’t know how to fend off these wolves who seem to think I’m still under contract to pay for quite clearly something that’s got absolutely nothing to do with me whatsoever. I know I’m in the right here, I just don’t know what to say or how to respond. Very distressing.

Maybe I should contact the water company, the Financial Conduct Authority or the energy ombudsman?

Nowhere have you said whether you do or do not owe this money. How you should best go about dealing with this may depend on that.

Just because something is statute barred (if it is) does not mean the debt no longer exists, it just means there is no lawful way of forcing you to pay. It does not prevent them from repeatedly asking you for the money, publicising the fact that you owe the money (if they so choose) or reporting it to credit reference agencies.

If you are relying on statute barring to protect you from a valid debt then you need to be very careful how (or fi) you communicate with them.

Manxman_in_exile

So the debt collectors claim to have an agreement signed by you within the last three years?  You may not have evidence of having left over a decade ago, but presumably you have evidence you weren't living there three years ago?  Have you seen this purported agreement?

I'm not sure if you have posted in the right place on this forum.  If I were you I'd also post here:  Water bills — MoneySavingExpert Forum

You could ask for your thread to be moved there, but I'm not sure how many people actually visit that board as compared to this one.  I suspect more people will read it here than there, but the people there probably have more expertise in this area.

I'd simply repeat your thread there, but make sure to explain that it is a duplicate of a thread here and that you have been advised to post there as well.  Some posters get annoyed if you create duplicate threads on different boards, but I think you have a reasonable case for doing so here.

[Edit:  Cross posted with Undervalued]

cmthephoenix

M_Dawson said:

Basically, I’m being intimidated, threatened and harassed by a firm of debt collectors who are trying to collect a debt from a water company for an address I have not lived at for more than a decade. The first letter appeared out of the blue and the debt date refers to a more recent period which looks very very suspicious indeed (dated 8 years since I left). I’ve 

Don't let it stress you. If you're confident you've got clean hands (ie no connection with the property - simply not being resident does not absolve you) for over 6 years then simply write back to say you have had no connection with the property since x date, which is over 6 years ago and as such any further correspondence will be taken as harassment and will fully seek monetary compensation for in any pursuant action.

Undervalued

Manxman_in_exile said:

So the debt collectors claim to have an agreement signed by you within the last three years?  You may not have evidence of having left over a decade ago, but presumably you have evidence you weren't living there three years ago?  Have you seen this purported agreement?

I'm not sure if you have posted in the right place on this forum.  If I were you I'd also post here:  Water bills — MoneySavingExpert Forum

You could ask for your thread to be moved there, but I'm not sure how many people actually visit that board as compared to this one.  I suspect more people will read it here than there, but the people there probably have more expertise in this area.

I'd simply repeat your thread there, but make sure to explain that it is a duplicate of a thread here and that you have been advised to post there as well.  Some posters get annoyed if you create duplicate threads on different boards, but I think you have a reasonable case for doing so here.

This all seems very odd.

Although the OP may have moved out many years ago were the utility bills properly transferred to the new occupier? Does he still own (or lease) the property? Is it rented out / sub-let? Does any evidence of his involvement c. 3 years ago exist?

Apologies if I am wrong but this does come over as an attempt to legally dodge a debt rather than a case of no debt existing? OK, nothing legally wrong in that but if you rely on technicalities then you need to get everything correct.

Ergates

M_Dawson said:

I’m trying to reach out in the hope someone can help in what’s now become a very distressing situation.

Basically, I’m being intimidated, threatened and harassed by a firm of debt collectors who are trying to collect a debt from a water company for an address I have not lived at for more than a decade. The first letter appeared out of the blue and the debt date refers to a more recent period which looks very very suspicious indeed (dated 8 years since I left). I’ve politely responded in writing with evidence that I was not a resident at the old address and have mentioned the time-barred period which they are completely ignoring.

I’ve politely written back providing evidence of not living that at the old address at the time of debt but they’ve now come back stating a contract does exist and they want me to provide them with tenancy cessation agreements, council tax or mortgage detail, all of which I do not have.

They’ve given me 21 days to come up with the goods otherwise they will continue to instigate their threats.

Could someone please please point me in the right direction as I don’t know how to fend off these wolves who seem to think I’m still under contract to pay for quite clearly something that’s got absolutely nothing to do with me whatsoever. I know I’m in the right here, I just don’t know what to say or how to respond. Very distressing.

Maybe I should contact the water company, the Financial Conduct Authority or the energy ombudsman?

You could contact them and ask for what evidence they have that the debt exists, is yours,  and has been acknowledged by yourself.

One thing to bear in mind - the "6 years" referred to with debts being statute barred refers to the last time the debt was acknowledged by the debtor, *not* the time since the debt was incurred (otherwise mortgages wouldn't work!).   This means that "I've not lived at that address for 10 years" doesn't mean the debt is barred.  

This, obviously, doesn't mean the debt *isn't* barred - if this has really come out of the blue from >6 years ago, then it is unlikely you've acknowledged the debt in the last 6 years either.  This might sound like the same thing, but it's an important difference.