Debt after 6 years period still being chased

Sam87

I recently changed my name, back to previous, updated dvla driving licence. Now beong chased for an old debt over 9 years ago, is it correct they can not chase after 6 years. Also how would they get my new address must be dvla? With GDPR surely that is illegal. Help and advice much appreciated 

KeithP

Sam87 said:

I recently changed my name, back to previous, updated dvla driving licence. Now beong chased for an old debt over 9 years ago, is it correct they can not chase after 6 years. Also how would they get my new address must be dvla? With GDPR surely that is illegal. Help and advice much appreciated 

They can chase a debt for as long as they like. 
What they can't do is use the courts to help them get the money.

sourcrates

Creditors/debt collectors do a trace using the credit reference agencies, the DVLA updating your records will have been flagged by someone, hence the contact.

If you suspect the debt is yours, and maybe statute barred, then send the statute barred letter (available on the sticky board at the top of this forum).

If you are at all unsure, send the PROVE-IT letter instead (link in my signature).

Keep everything in writing only, stay off the phone, Google "limitation act 1980" for more details on statute barred debts.

Exodi

Have you made any payments towards the debt within the last 6 years?

Sam87

Thanks. I thought after 6 years I could not chase. They got my phone now so getting automated calls will look into statute barred letter. The debt is mine I went travelling and someone used my credit card and didnt pay i didnt have online banking. In the end fraud couldnt be proven I was happy to pay but they already sent to debt collector. I paid for one year to i discovered wouldnt make no difference. Have not made any payments in last 10 years

Sam87

struggling to find this any help apprciated  then send the statute barred letter (available on the sticky board at the top of this forum).

pogg000

https://forums.moneysavingexpert.com/discussion/6027755/statute-barred-debts-and-the-limitation-act#latest

sourcrates

Click on the link in the post above, then scroll up until you see the first template letter.

Now this is a generic template, for England & Wales, if you live in Scotland, its the next one down, obviously you should edit it to your own circumstances.

Read each line carefully, as some info will need populating, dates etc, double check what you have written before printing it out.

DisabledDan

Sam87 said:

I recently changed my name, back to previous, updated dvla driving licence. Now beong chased for an old debt over 9 years ago, is it correct they can not chase after 6 years. Also how would they get my new address must be dvla? With GDPR surely that is illegal. Help and advice much appreciated 

Sam87 said:

Thanks. I thought after 6 years I could not chase. They got my phone now so getting automated calls will look into statute barred letter. The debt is mine I went travelling and someone used my credit card and didnt pay i didnt have online banking. In the end fraud couldnt be proven I was happy to pay but they already sent to debt collector. I paid for one year to i discovered wouldnt make no difference. Have not made any payments in last 10 years

Sam87 said:

struggling to find this any help apprciated  then send the statute barred letter (available on the sticky board at the top of this forum).

It is unlikely that the DVLA shared your data without a specific legitimate request, not sure they would have your number.  You can inform the debt collectors that you no longer want to receive any communication other than letters via Royal Mail and specifically require they cease and desist SMS, Calls and Email.

In these situation it always pays to be informed, check the Registry Trust for the addresses you have lived at to see if they got a CCJ late in year 5, this would have extended the debt for another 6 years.  All that would mean is you have to spend another two years avoiding payment before any CCJ can no longer be enforced.

That being said Debt Collectors LIE all the time, they invent micro payments conveniently just in time to extend a debt, they also lie about CCJ's and fail to produce them.

Chasing debts is enforcement and under CONC rules they are not allowed to enforce when they know a debt cannot be enforced.  If they continue you can make a complaint to the FOS and it is worth letting the FCA know as part of their evidence track on certain firms generally breaching these rules.  The latter will not respond to individual cases but they will add to the file and in time may fine them as they have done others.

sourcrates

When the DVLA updated the OP`s address, it will have been updated on their credit file also.

If they were in the DCA`s system, which seems likely, it will have alerted them to the change, that`s how traces are done, and how updated information is obtained.

We all agree to this when we sign any standard credit agreement, its all in the fine print we never bother to read.

Sam87

Thanks all for the info