debt collection letters

lostman152

Hi I have just received 3 letters from a debt collector called verifi in regards to a loan I had over 23/25 years ago.l, Iv not spoken or received any letters from them in over 20 years. This gets a little confusing so bear with me, the letters are coming through in a surname i used 20 years ago. Now I did use this name as was my mother’s maiden name, I changed this name, not by Depol but at age of seven just buy telling the school that’s my name. I carried on using this name as I thought it was my name. To cut a long story short, I’ve got a lone from the bank to help my mother in her difficult time I was under the impression that the loan was paid off after we agreed to pay little monthly instalments after she had missed her payments. My mother moved to America and that’s the last I heard about it. I understand it was in my name but after I have a  son are reverted back to my old name and I’ve carried on my life. I have not received any letters or calls in regards to this in 20 years or thereabouts. I have two mortgages and several houses later I had received nothing so one now am I still liable to pay this? My mother has since died, so unable to ask her about it. 

Brie

Sounds like a fishing expedition to me.  If you haven't heard from the loan company in all this time the loan should be statute barred.  But that doesn't stop debt collectors trying it on, buying a bunch of old debts for tuppence and acting all tough and crusty on the off chance that someone will respond and pay up.  

Should you wish to respond at all (& I'm not sure you should) then do so by post - not by phone, email or text as that just makes it easier for them to be a nuisance.  Don't give them your current name as that's part of them fishing.  What they have done is checked the credit agencies for someone with your first name and date of birth or possibly the old surname and come up with your current address but they obviously don't know for sure they've got the right person otherwise they would have addressed you correctly.  

If you do decide to respond look for the letter template on the debt free wannabee board.  There's one that is a "prove it" letter and there's another regarding those where the debt is statute barred.  I'd suggest (again only if you want to) to send them the prove it. 

Brie

templates are here.....

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

lostman152

Brie thanks for the reply. I’ve just checked my credit report and there is a search on there with my old name an old address, they searched something to do with money laundering🤷‍♂️ probably just an easy way to check up on people. I know I haven’t used my old surname for some time and was wondering if that’s why they have not been able to send me the letters but they could not have tried hard as I’m now getting them. I’m probably just going to leave it as they have not threatened with bailiffs or court action. I don’t think I can as it’s been so long.

lostman152

Also, if they do make a visit like now suggesting what’s the best way to respond. Do I deny that’s my name until they prove it’s me then go down the route of it being statutory barred but at what point should I acknowledge anything

fatbelly

The only way they could force your hand on this would be to get a court judgement and this would follow them starting a court claim.

You would defend the claim (I'm assuming you live in England/Wales) by citing Limitation Act 1980 s5. Briefly they have a window of six years to start a claim, and it closed many years ago

Your safest route is to not engage unless they send a formal preaction letter, the sort that comes with a standard reply form and 30-day limit. I doubt if you will ever get one, or a visit from anyone.

If you did want to engage before that, then you would send a prove-it and if they revealed the age of the agreement, then send the hybrid statute barred letter.

If the letters get more aggressive in tone, post on debt-free wannabe and tag me @fatbelly - I have an interest in statute barred debts.

lostman152

Thanks. Do you think there is a chance they have already taken this to court and Iv just not received the letters because of my name change,I know it sounds crazy. also would hsbc the bank not of sent bailiffs around before selling this debt off. 

sourcrates

lostman152 said:

Thanks. Do you think there is a chance they have already taken this to court and Iv just not received the letters because of my name change,I know it sounds crazy. also would hsbc the bank not of sent bailiffs around before selling this debt off. 

It doesn't matter what the previous events were, court judgements are only enforceable for 6 years, banks don`t engage bailiffs for consumer debt collection lol, sledgehammer to peanut scenario.

There are time limits on everything, and 6 years is the industry norm in the UK, we are way past that here, there are certain debt purchasing companies that like to buy up old statute barred or otherwise unenforceable debts and then try to collect on them.

We see it all the time on these boards and the companies are well known to us, its a recurring theme here.

lostman152

So today I have a visit but I was not home.half  Hand written letter. Also wrote on front of letter if not at this address please call 

lostman152

Whats people’s thoughts on this 

RAS

Please stick to one thread. Them again, ignore.