Do debts expire?

fermi

Maybe something like.

Your Ref. No.
Client Ref No


Dear Sir/Madam

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would firstly point out that I have previously written to you stating that I will not be paying the debt because it is 'statute barred' under the Limitations Act 1980.

I should also remind you that the OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

trichuris

Brilliant, thanks again...another letter off on Monday then:j

fermi

Oops. I missed out at the start of the letter:

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

That just covers you that extra little bit. Just in case.

chocolatechipcookies

trichuris wrote: »

Hello...Ive just stumbled across this site and find it really informative and supportive. I was a student in the mid 90's and built up some serious debts, never finished my courses and moved around a lot. Eventually went back to Uni and qualified as a nurse in 2000. I have a good job now as nurse specialist that I enjoy.
When we first tried to buy a house in 2001, we found a building society that was sympathetic about my past (read: higher interest rate) and since then we have bought again and I have managed to repair my credit rating which I am happy about.
Problem: last week I recieved a letter from a debt recovery company stating that they were updating their records and could I confirm that I had lived at an address they included. I didnt respond thinking that if it was related to a debt any confirmation from me would constitute activity on a debt and reactivate it. This address they wrote about and the debt (barclaycard £1500) was in 1996:shocked: 12 years ago, however it is possible that I 'acknowledged this debt as far on as 1999, 9 years ago.
Question: I thought debts expired after 6 years, its not on my credit file, its gone. Are the company just trying it on or can they pursue me for this debt?
We have some equity in the house but no real spare cash (children of 4 1/2, 2 and one due next month) My girlfriend is about to go on maternity leave.
Any advise greatly appreciated.
Thanks
Pete

How did you get away with not paying your debt off?!

trichuris

was either a student (mostly a student) or on very low income for about 5 years afterwards and had quite a few address changes and lost track of it, it was the smallest of a handful of debts that I had. Not the most responsible thing I've ever done, not proud of it.

Emid_3

Hello All

I don't mean to hijack this thread, but I'm in a similar situation.

I was wondering whether writing to the company concerned to advise a change of address counts as admitting the debt? (Account number / Name / Address / Signature inncluded in letter, but not much else).

TIA
Emily xx

davek1

no it doesn't.

poppy10_2

Yes it does.

Emid_3

I'm a bit confused now!

GeorgeUK

Me too.

I thought that as long as there was not mention of the debt, then it could not just be assumed that a debt was being acknowledged. Sending in a SOA or something similar would be acknowledging the debt as you are showing how much can be paid towards it. Haven't been able to find anything that specifies what "acknowledges the debt in writing" specifically means though.

Can anyone else advise?
EDIT: Just noticed - Account number was included in the letter. Would this be why it is acknowledging the debt, if associated with that account?