Old debt

MosesCat1962

Hi, 

I am feeling like an utter fool and hoping for some help. I received a letter from a debt collection agency saying I owed around £1300 and they would proceed to send debt collectors to my home address should I note make payment within 7 days.

I did not know what this debt could be, but I researched to debt collection agency and all seemed legit, I called them asking for more information on the debt but they said they could not give me any further information other than it was originally taken out with HFC Bank. So I panicked and just paid it. I then spoke to my daughters who looked into the matter further for me. They found that HFC were taken over by HSBC in 2013, therefore the debt must have been taken out prior to 2013. I went back through my banking history and could not find anything that related to a loan with HFC so I raised a fraud investigation with my bank. 

Today I received a letter from the debt collection agency confirming that payment had been made so I called them again asking for more information. They told me that the original debt was taken out in June 2006 and the last payment was made on the 31st July 2007. I pointed out the last payment was over 7 years ago and the agent just remained silent. 

Having now done some more research I realise that I shouldn't have paid this at all as the debt isn't enforceable. I feel like such an idiot. I know there probably isn't but is there anyway to raise the misconduct of this company and recoup my payment? And should I let my bank continue the fraud investigation?

Thank you in advance for any constructive help. Please be kind and don't just say I shouldn't have paid it, I know this now

sourcrates

The debt would have been statute barred, that is correct, you ask is there anything you can do?

Well unfortunately the answer is no, nothing whatsoever.

You paid it of your own free will, the legislation (limitation act 1980) in England & Wales only stops legal action being taken, as the limitation act is a full defence to any claim, it does not stop you from paying the debt or having any recourse with the creditor if you do so without first ascertaining the debts status.

That is unless you live in Scotland, there, the debt is prescribed after 5 years, and if you accidently pay a prescribed debt, you can ask for your money back, but that only applies in Scottish law, not in the rest of the UK.

For anyone else reading this, if someone writes to you asking for money, always respond in writing, with a prove-it letter, get them to send you the details of the debt first, before you do anything, as it may be the debt is statute barred, not yours, or unenforceable in some other way, never pay anything without first asking for evidence of your liability.

MosesCat1962

Thank you, I feared that would be the case  

Is there any merit in complaining to the FCA around the debt collection agency acting unethically in terms of their threatening letter being completely unenforceable? Again, I'm assuming no, just grasping at straws really

fatbelly

It may be clutching at straws but FCA rules say

https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

that a firm

• Must not attempt to collect a debt if it has not been in touch during the limitation period

• Must not mislead the customer

• Must not threaten court action when it knows that the customer would have a reasonable defence

Where you see R that means it is a Rule

You cannot complain to the FCA but you can complain to the FOS and say that FCA rules have been broken