Debt from about 20 years ago

Wilson98

Hope somebody can help, I got 2 letters from a debt collection agency. Both from credit cards. 1 letter had a settlement figure of £121.00 and the other for £798.00. Thinking I was doing the right thing by paying one of them off (£121) I long into the portal and paid that bill. I’ve just got an email with the following. Saying it’s partially settled. Is it because I haven’t paid the sencond one?? 

I’m panicking now. Please see screen shot. 

Wilson98

I’ve just got a letter of a debt collection agency with regard to a debt back in 2004. The reason this happened is because I left my alcoholic husband. That say they now own the debt from 06/2023. The latter also says I can pay this off at a reduced amount and then the recovery will be closed. I’ve not been in touch with anybody with regards to this. The company I owe the money to or the debt collection number. Could I have some advice on this please. 

RAS

Hi, have you paid anything towards this debt or acknowledged it in writing any time in the last 6 years.

Or 5 years if you live in Scotland.

Grumpelstiltskin

Following on from RAS. Please read this thread.

Debt-Free Wannabe Sticky - Provit & Statute Barred Letters, Defaults, Help and Guidance, All Here... — MoneySavingExpert Forum

Wilson98

no nothing, I’m so confused with it all 

RAS

OK, assuming this is consumer debt or an overdraft?

There's been a number of these very old debts popping up here recently. If there's no payment or acknowledgement, the debt becomes "statute barred". In England and Wales the debt still exists but if the creditor tries to take you to court, you can defend entirely on the grounds that the creditor did not enforce within the time limit.

These old debts get sold by the truckload for a pittance. The purchaser relies on you not knowing the law and paying up (collectable seems to be a popular term). They only need to get lucky a few times in every thousand to pay the bills.

There are a few provisos here, one of which is that if this was a joint debt with your ex, he may just have been persuaded to pay a tenner or reply to a letter occasionally which prevents it becoming statute barred. 

So you send the prove it letter, demanding evidence that the debt is enforceable. And come back for advice when you get the answer.

Wilson98

My husband passed away 4 years ago 

Grumpelstiltskin

Wilson98 said:

My husband passed away 4 years ago 

OK So send the Provit letter and see what comes back, then come back on here if you are not happy with the outcome.

sourcrates

Wilson98 said:

no nothing, I’m so confused with it all 

To cut through the confusion, and to give you some clarity, this is what is happening here.

Certain companies within the debt collection industry tend to specialise in the purchase of very old, statute barred, or otherwise unenforceable credit accounts from lenders, the ones no one else wants, they buy them for very little money, and then attempt to chase up the unsuspecting debtor for the full face value.

It can be easy money for them as they send threatening letters and make it sound as though this is a legitimate debt, when in reality it isn`t, but a lot of people are unaware of their rights in these situations.

All requests for the payment of a debt must be proved in writing when asked to do so, no matter who they are, or how much they are chasing, so send the prove-it letter, see what comes back, you can then confirm, as suspected, that the debt is statute barred, and after sending a further letter telling them so, that should be the end of the matter.

Wilson98

What is a SAR 

RAS

Subject Access Request.

To be clear, you do not want to be using that if it's not absolutely clear that this debt is unenforceable, because they might argue you've then admitted liability.

And if it's not your debt, they would decline because you can't use a SAR on someone else's account.

The whole point of the Prove-it letter is that it is written to ensure you do not accidently acknowledge the debt and to provide you with evidence of their lack of supporting evidence if its unenforceable.