Debt from 19 years ago

bluetaz88

So I had resolvecall come to my door said I had a balance of £318 (I’ve got a dmp  with stepchange )so I said am I not paying this with stepchange got me to phone up the company spoke to them this debt is from 19 years ago and today I got a different letter saying I owe £1241 with shop direct I’ve no idea if the company got ccj I’ve looked on my credit report can’t see anything on there would it be on there ? Any help I’ve no idea what to do thanks

Brie

Well you might ignore them but if someone is coming to your house then I would take it seriously.  

Should someone show up again tell them you need proof that you owe the money.  If there's a letter then you might send the company the "proveit" letter that is on one of the top stickies here in this forum.  Ensure that whatever scenario that you insist that everything is done by post, not email, not phone, not text.  This helps you maintain a record of what's being said by whom and when.  Obviously keep copies of anything you post to them.  

A debt might be old but if you have been paying it that is acknowledging it so the debt is still "live".  But if it's something that you are unaware of or haven't heard from for a very long time (i.e. more than 6 years) then it's likely no longer collectible.  

If you have problems dealing with this yourself then refer the matter to StepChange as they should be able to help.

RAS

If this debt is that old, and you've not been paying it, then it is probably statute barred. 

Even if they gave a CCJ, if that is over 6 years old and they haven't enforced it, it will be covered by a different clause in the Limitations Act.

Neither stops the creditor trying legal action, and you need to defend any case.

There've been a lot of very old debts which were sold 6-12 months ago and the new owners are pushing the envelope.

Send the prove it letter in the bottom stickie. It doesn't admit liability and doesn't allow the creditor to claim it's not statute barred.

Come back when you get a response.

fatbelly

If anyone comes to your door, the answer is 'no thanks'

If anyone writes, send a prove-it.

Are you sure that all your debts with stepchange have never had a 6-year period where you made no payment?

bluetaz88

fatbelly said:

If anyone comes to your door, the answer is 'no thanks'

If anyone writes, send a prove-it.

Are you sure that all your debts with stepchange have never had a 6-year period where you made no payment?

All debts with stepchange have never had a 6 year period 
these 2 debts are from 19 years ago 
so do I send a proveit first or the statute barred 
and where can I find these I’ve looked and used the search but can’t find them thanks 

Grumpelstiltskin

Link to Provit letter is here.

DFW Sticky-Provit/Statute Barred Letters, Defaults, Mental Health Help and Guidance, all here. — MoneySavingExpert Forum

It can't be statute barred if you have paid it during the last 6 years ( 5 years in Scotland )

sourcrates

Send the prove-it letter first, then, depending on what comes back, if it is statute barred, respond with a letter telling them so.

We have template letters in the sticky section linked too above.

I know its a hassle with all the letters etc, but if they were to start a court claim and you failed to respond because you thought the debt was too old, they can still get a judgement against you.

Best to find out what it is, and deal with it appropriately.