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HELP! - Re: The 6 year rule....

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  • You can argue that the creditor is out of time or “statute barred” from taking you to court for the debt:

    if the creditor has not already obtained a judgment against you

    and

    You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years

    and

    You have not written to the creditor admitting you owe the debt during the last six years.

    Full information here:

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act
  • You are clear from Dec 2005, if they do not comply with this PM me and I'll send you a load of word file letters that will make sure they remove it (been in a similar circumstance).

    The only thing is you cannot make contact with the debtee in the future! If you do they can seek a CCJ.
  • Saveit
    Saveit Posts: 609 Forumite
    Have you received any news yet this is a very interesting thread and one which compels to find out the outcome
    Good Luck
  • tinalives
    tinalives Posts: 903 Forumite
    Part of the Furniture Combo Breaker
    .................................
  • Saveit
    Saveit Posts: 609 Forumite
    That would be right ,so it has you fumeing over the weekend!! I will follow how you get on. Its better than any drama on TV but not for you I guess. I hope it gets sorted in your favour. The good thing about this thread is the interesting points that have been given "for those being harrassed by debt companys for money" it has given some intersting feed back how to deal with these companies and I am sure will be of help to many who have found themselves in this position.
  • ........................................
  • Erm. Well surely you're not saying that you are not you, just saying "can you clarify this debt please"

    How much more confusing can they make it?

    I have no idea how to word it in the cleverest manner, but there must be some way to tell them to sling their hook, I'm sure someone with the right Monday morning head on will help with that (I'm not very awake today!)

    Still don't send them anything though. You shouldn't have to justify that you are who you say you are, just that they have no right to hassle you!
  • black-saturn
    black-saturn Posts: 13,937 Forumite
    10,000 Posts Combo Breaker
    Sorry but I think you should pay it back. None of us have any money but you have to scrape and save to pay it off. Why spend it in the first place if you had no intentions of paying it back?
    2008 Comping Challenge
    Won so far - £3010 Needed - £230
    Debt free since Oct 2004
  • tinalives
    tinalives Posts: 903 Forumite
    Part of the Furniture Combo Breaker
    ....................................
  • tinalives
    tinalives Posts: 903 Forumite
    Part of the Furniture Combo Breaker
    ........................................
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