hello all and question

dooby39

Have been a lurker on here for couple of years now and firstly thank you to everyone as thanks to you all i have managed to get my finances back on track;)
Just a quick question though - my hubby got a letter today saying that he owes halifax £2000:eek: now he has only ever had an account with them that was closed back in 1996 and as far as we are concerned he has never had any contact from them regarding any debt although he has moved 3 times since then. anyway what i was wondering is i have heard before about debts being written off after 6 years as long as no payments have been made ( they havent as he has been with me for past 9 yrs) if so how do we go about telling them:rotfl:
thanks in advance for any help

rog2

What are Halifax saying that the 'alleged debt' is for.

It certainly sounds as if the 'debt' is covered by the Limitation Act, which states that providing the debtor has niether made any payments or any written acknowledgement for a period of six years (the 'limitation period') then once the debtor has informed the creditor, or his agents, that he will no longer be paying the debt because it is 'statute barred' (the only reason he need give) then niether the original creditor, nor his agents, can pursue that debt through the courts.

However - there are certain differences if the 'debt' is property related, eg mortgage shortfall, where the 'limitation period' can be up to 12 years.

Have a look at:

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

There is a 'template' letter that he can send to Halifax.

Good luck

Donedoingdebt

dooby39 wrote: »

anyway what i was wondering is i have heard before about debts being written off after 6 years as long as no payments have been made ( they havent as he has been with me for past 9 yrs) if so how do we go about telling them:rotfl:
thanks in advance for any help

The debt is not written off. As rog2 says, they just can't pursue payment of the debt through the courts.
As far as I'm aware, there's nothing to stop them pestering you for payment in other ways (phone calls, letters etc).

dooby39

Ah fab thank you will go and have a look at the link now;) well hubby is at work so phoned and asked him but he says as far as he knew he had no debt with them and hasnt a clue:rolleyes: but back then he was with his ex who left him with hell and all debts that we had to clear so could possibly be one that got left behind but without getting any info from halifax themselves - do you think its worth contacting them for this info? thanks again

dooby39

Donedoingdebt wrote: »

The debt is not written off. As rog2 says, they just can't pursue payment of the debt through the courts.
As far as I'm aware, there's nothing to stop them pestering you for payment in other ways (phone calls, letters etc).

hhhmmm that sounds fun:rolleyes: thansk for help;)

RAS

actually, there is..

Once you send the Statute barred letter, expect them to write suggesting that you have a moral obligation to pay or that despite the Statute limitation, the debt still exists. Well it does but the cannot take any legal action to recover it.

Ignore this and if they write another time, responde quotind the OFT Guidelines and tell them any further contact is haressment. That should sort it.

I am not wholly up on this but if they then sell on the debt, I think you can complain to the Information Commissioner as they have sold incorrect inforation about you.

rog2

Donedoingdebt wrote: »

As far as I'm aware, there's nothing to stop them pestering you for payment in other ways (phone calls, letters etc).

Other than the fact that this could be seen as harrassment - which is a criminal offence.

dooby39

brill thanks guys has made me feel a bit better, hubby phoned them and they said they took over the debt in 1997 but he still doesnt have a clue what it is for so gonna try and contact the halifax;)

rog2

dooby39 wrote: »

brill thanks guys has made me feel a bit better, hubby phoned them and they said they took over the debt in 1997 but he still doesnt have a clue what it is for so gonna try and contact the halifax;)

I assume that 'them' refers to a 'debt collection agency', in which case they must legally provide a full statement of the account in question on your husband's request.

POSSETTE

We had this happen but it was property related,they tracked down my hubby 11yrs 6months later to pay a similar amount.We wished we hadnt contacted them to tell them we not paying it,because that admitted that we had received contact from them..our solicitor said we should have ignored it for 6 months to get the 12 statute time bar..!!!!!!!!

dooby39

rog2 wrote: »

I assume that 'them' refers to a 'debt collection agency', in which case they must legally provide a full statement of the account in question on your husband's request.

yeah itsThames credit limited