Is there anything I can do about this debt? - time limits/enforceability

Grumpelstiltskin

They are saying they hope you will fall for it and pay them. OK there is a very small chance it will turn up but cross that bridge when it happens. Fingers crossed you can say bye bye debt and what ever happens the default will fall off after 6 years.

Bronvahl

strenger said:

and it is acceptable for creditors to register and continue the reporting of a default.

Others will correct me if I am wrong, but as I understand it they are not allowed to report defaults of unenforceable debts to credit reference agencies contrary to what they imply.

sourcrates

Bronvahl said:

strenger said:

and it is acceptable for creditors to register and continue the reporting of a default.

Others will correct me if I am wrong, but as I understand it they are not allowed to report defaults of unenforceable debts to credit reference agencies contrary to what they imply.

If a debt is deemed to be unenforceable, it only removes the creditors right to take legal action, that`s all, nothing more.

They can still ask you to pay the debt, they can still report the account to the credit reference agencies, what they can`t do is obtain a judgement through the courts against you.

strenger

So as it's unenforceable, is it worth offering them a small percentage of the debt just to get rid of it so I never have to worry about it again? Or would that count as 'acknowledging the debt'?

Grumpelstiltskin

Do not pay anything, why are you worrying as it is highly unlikely anything will happen. You have to play the game, get on with your life.

sourcrates

They likely won`t accept it, there train of thought is that they paid somewhere in the region of 12p in the £ for this account, so they may as well hold out and try to bully you into paying the lot.

Every time you contact them means the collection activity will continue, go radio silent, and so will they, eventually.

strenger

They called me on my birthday to ask me to repay the debt. I remained silent after they stated the amount and nature of the debt. I explained that they failed to provide requested information regarding proof of the debt. They explained that even though it's unenforceable it still remains collectable. I said that as it's unenforceable there's nothing to talk about and hung up.

Did I screw up? Did that count as acknowledging the debt? I was a bit thrown off by the call and should have just hung up immediately.

fatbelly

You cannot acknowledge a debt verbally. It has to be by payment or in writing.