Debt collectors chasing a time-barred debt

Manxman_in_exile

Undervalued said:

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.

Yes - it seems a bit odd to me as well.  (I cross-posted with your earlier post).

That's why I originally asked if the OP had been aware of this debt when leaving the property 10+ years ago or had it come out of the blue.

The OP says it has come out of the blue.  (I take that at face value to mean that they are sincere and genuinely have no knowledge of this "debt"... )

born_again

Just because a debt is "Statute Barred" does not stop anyone from chasing the debt. Only you can not have a CCJ registered on the debt.

TELLIT01

I don't understand why a letter, or letters, from a company trying to recover what they believe is a genuine debts is considered "Basically, I’m being intimidated, threatened and harassed".  From what I've read here the company is asking for evidence that the OP wasn't at that address at the relevant dates.  That doesn't seem unreasonable.

Ergates

Undervalued said:

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.

They may have just forgotten to change the  name on the water account - then the new occupants either didn't notice (i.e. just ignored/binned post arriving for someone else) or was quite happy to have someone else's name on the water bill.

When I was a student I got sent a council tax bill for a house I'd moved out of the year before because we didn't take my name off the account.  As the new occupants knew me and passed on the bill we were able to get it sorted, but if they hadn't I'd have ended up with an unpaid debt in my name and might have had debt collectors trying to track me down.  As the people who moved in after me were still there (it was only a few months later), it was quite easy to get sorted.  If it had been 5 years later it would have been quite hard to prove it shouldn't have been my name on the bill.

Jenni_D

born_again said:

Just because a debt is "Statute Barred" does not stop anyone from chasing the debt. Only you can not have a CCJ registered on the debt.

I'm going to assume that this issue pertains to England or Wales ... in Scotland a statute barred debt is treated as if it doesn't exist, therefore it cannot lawfully be chased.

M_Dawson

Dear TELLIT01, many thanks for the comments plus everyone else’s,  it’s extremely kind of you all.  When I say intimidated. threatened, harassed this refers to the threatening nature of their obnoxiously written letters, stereotype or not, they’re simply very rude. One of them threatens personal visits and court proceedings. It may well be a case where old occupants may have used my name to continue to pay or, this may relate to an IT date error or, clerical error, but one thing is for sure, 100% I was not at the old address or have any connection with the old address, and most definitely not at the time they allege the debt to be plus there is no contract so I just need to gather as much detail as possible so I don’t have to suffer by paying someone else’s bill.  I shall compile everything together and will contact the water company before the 21 days.

M_Dawson

Jenni_D said:

born_again said:

Just because a debt is "Statute Barred" does not stop anyone from chasing the debt. Only you can not have a CCJ registered on the debt.

I'm going to assume that this issue pertains to England or Wales ... in Scotland a statute barred debt is treated as if it doesn't exist, therefore it cannot lawfully be chased.

England and Wales, not Scotland 

Jenni_D

On reflection that should have been obvious ... in Scotland the water bill is rolled in with the Council Tax bill so it would be difficult to owe a debt to Scottish Water alone.

Ergates

M_Dawson said:

Dear TELLIT01, many thanks for the comments plus everyone else’s,  it’s extremely kind of you all.  When I say intimidated. threatened, harassed this refers to the threatening nature of their obnoxiously written letters, stereotype or not, they’re simply very rude. One of them threatens personal visits and court proceedings. It may well be a case where old occupants may have used my name to continue to pay or, this may relate to an IT date error or, clerical error, but one thing is for sure, 100% I was not at the old address or have any connection with the old address, and most definitely not at the time they allege the debt to be plus there is no contract so I just need to gather as much detail as possible so I don’t have to suffer by paying someone else’s bill.  I shall compile everything together and will contact the water company before the 21 days.

Alongside/before gathering your own evidence - I'd ask for theirs.  

lincroft1710

Jenni_D said:

On reflection that should have been obvious ... in Scotland the water bill is rolled in with the Council Tax bill so it would be difficult to owe a debt to Scottish Water alone.

It was still worth you mentioning the fact that the law is different in Scotland and I believe they have only a 5 year time limit