Debt- Date of first movement 2007

akxx

Hi Can anyone help me please.

I have received A statement of account letter today from what I think is a debt collections company who i have never had any dealing with.  It if for just over nineteen thousand pounds, I do not want to contact them as I have been told if I do, its me agreeing to the debt.  It says the date of first movement is 2007, I don't know what its for.  When I was married back then my husband took out a loan in joint names, didn't know the amount, silly of me to sign I know, but he was my husband and I trusted him, we have been separated now for almost 11 year and divorced for 9.  The last I heard about this loan was in 2010 I when my ex husband told me not to sorry he would sort it, obviously never, with not hearing I  just assumed it was all in hand, and now I have gotten this letter.  Can this company just start harassing me for money, can I do a  statute-barred letter? I have spoken with my ex husband and he since tell me the loan was for TWENTY EIGHT THOUSNAD POUND!!, I can only think he was paying and then stopped with the balance due now being lower.  He told me to rip the letter up and ignore them, and I have since found out he done an IVA many years ago meaning he is now clear of the debt so it just me!  Can I do anything at all with it being over 10 years ago?  I can not afford THIS, due to the IVA he cleared his name of all debts and I am already having to pay 70 thousand pound mortgage shortfall on a payment plan till i basically die!  I moved out the property with our child, he stopped paying the mortgage and the property got repossessed, which by the way I found out because a debt collection agency rung me.  Any help or advice would be greatly appreciated.  I have contacted a debt helpline and they just keep telling me to go bankrupt or try for an IVA, however, if i could dispose of this old loan debt I would not need to do either.

Brie

akxx said:

Hi Can anyone help me please.

I have received A statement of account letter today from what I think is a debt collections company who i have never had any dealing with.  It if for just over nineteen thousand pounds, I do not want to contact them as I have been told if I do, its me agreeing to the debt.  It says the date of first movement is 2007, I don't know what its for.  When I was married back then my husband took out a loan in joint names, didn't know the amount, silly of me to sign I know, but he was my husband and I trusted him, we have been separated now for almost 11 year and divorced for 9.  The last I heard about this loan was in 2010 I when my ex husband told me not to sorry he would sort it, obviously never, with not hearing I  just assumed it was all in hand, and now I have gotten this letter.  Can this company just start harassing me for money, can I do a  statute-barred letter? I have spoken with my ex husband and he since tell me the loan was for TWENTY EIGHT THOUSNAD POUND!!, I can only think he was paying and then stopped with the balance due now being lower.  He told me to rip the letter up and ignore them, and I have since found out he done an IVA many years ago meaning he is now clear of the debt so it just me!  Can I do anything at all with it being over 10 years ago?  I can not afford THIS, due to the IVA he cleared his name of all debts and I am already having to pay 70 thousand pound mortgage shortfall on a payment plan till i basically die!  I moved out the property with our child, he stopped paying the mortgage and the property got repossessed, which by the way I found out because a debt collection agency rung me.  Any help or advice would be greatly appreciated.  I have contacted a debt helpline and they just keep telling me to go bankrupt or try for an IVA, however, if i could dispose of this old loan debt I would not need to do either.

re you contacting them - there is nothing the matter with you sending them a letter (snail mail, not email and not by phone).  In the letter you could ask them for proof of you owing them anything.  This is not an admission that you do owe them.  Don't mention the loan, your ex, anything.  Let them to the hard work.  If you ask for proof that you owe this they should in the first instance be able to provide something with your signature taking out credit.  Likely they will be unable to do so.  If they cannot prove you owe the money then you can just ignore them.  

Grumpelstiltskin

Which company is it that have contacted you?

DisabledDan

akxx said:

Hi Can anyone help me please.

I have received ...I have contacted a debt helpline and they just keep telling me to go bankrupt or try for an IVA, however, if i could dispose of this old loan debt I would not need to do either.

Start by contacting your Ex to determine if 6 years have passed since he made a payment or acknowledged the debt., ask him for his evidence of what was paid, until when AND ask him the last time he acknowledged the debt.

Then have him do a search on Registry Trust website for any CCJ's relating to this debt at all of the addresses he has lived at in the last 7 years.

As a joint borrower you should also do a Registry Trust search to look for any CCJ in your name at all of the addresses you have lived at in the last 7 years.

If no payment was made, no acknowledgement was made and no CCJ was obtained then the debt can't be enforced. 

If they got a back door CCJ at an old address in the last six years you need to determine if the debt was statute barred at the time the Judgement was ordered.  You can then file an application to the Court to undo the order.  If 5 years have past since the CCJ was obtained then you just need to ride it out, they might make lots of threats but whether you come to any agreement depends.  Personally I sent mine in circles using methods I won't discuss openly.

Once you know there is no CCJ and the debt has not had any payments or acknowledgement for 6 years then you know you are not liable and you send the prove it letter at the link below.

forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

Do not answer the phone to numbers you do not know or that have caller ID withheld.

Chances are you will be dealing with total scum who will lie about payments made and about CCJ's obtained, do not engage with the prove it letter until you are sure of your position.

Do not tear up the letter, it is probably a try on but still keep it in a file and add any follow up letters.

Wait for them to send evidence of what is owed, do not agree to anything, do not engage with them in any way except the prove it letter and even for that make them wait, perhaps wait for a third or fourth letter. 

If you respond promptly it shows weakness, it shows you care, it shows you are worried and it only encourages them.

This is a gnat, you let it buzz around for a while and then you zap it, but line up your ducks with facts first.

fatbelly

One thing at a time.

Send the prove-it letter, see what comes back

sourcrates

Agree with fb, this could be statute barred by the sounds of it, but lets not jump the gun, prove-it letter first.