Debt Agency Chasing Me - Please Help!

isey235

Hi Folks

I have recieved a letter from Debt Managers Ltd demanding payment of £1500 for an overdraft I had with The Halifax 7 years ago.

It states i owe the money to Thames Credit-Halifax.

I called Debt Managers Ltd (i won't do this again) and offered to pay a small amount each month. They refused and have now sent me a letter threatening Court Action within 7 days.

I have moved about a lot over the past 7 years and I have had no correspondance from anybody regading this debt during that time.

Can anybody PLEASE offer advice ?

Thanks in advance!

fermi

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

rog2

It is possible, isey, that this 'debt' is unenforceable. From what you have said, it may be Statute Barred - this means that, provided you have made no payments towards it, or acknowledged it, in writing, for a period of SIX years (five in Scotland) then, once you tell Debt Managers that you are not going to make any payments because the 'debt' is statute barred (the ONLY reason you need give) then they can no longer pursue this 'debt' through the courts, and should cease all further attempts to pursue you for payment.

Have a look at the following link, from National Debtline, which explains about the Limitation Act, and also includes a template letter that you can send to DM:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

And don't worry, your phone call will NOT be classed as acknowledging the debt.

rog2

Fermi types faster than me. :rotfl: :rotfl:

Same advice though - so check it out. :beer:

fermi

rog2 wrote: »

Fermi types faster than me. :rotfl: :rotfl:

Same advice though - so check it out. :beer:

Definitely on the advice.

Although in this case it's a case of copy/paste rather than typing.:o;)

stapeley

strange they did not accept a small payment there and then , would have nullyified statue barred claim !

itsnever2lateisit?

stapeley wrote: »

strange they did not accept a small payment there and then , would have nullyified statue barred claim !

Not so, once 6 years have passed and it becomes statute barred it remains, forever statute barred. The debt doesn't go away, it just means that there are no legal means of enforcement available to the creditor

rog2

itsnever2lateisit? wrote: »

Not so, once 6 years have passed and it becomes statute barred it remains, forever statute barred. The debt doesn't go away, it just means that there are no legal means of enforcement available to the creditor

That is absolutely correct, in2lii. Once a 'debt' has become Statute Barred it remains Statute Barred, irrespective of any acknowledgement, or payments, that a debtor may make once the 'Limitation Period' has passed.

isey235

Thanks everybody for your help!

I am unsure whether there may be a CCJ against me for this debt. If there is what would be my best course of action ?

Thanks in Advance

fermi

You said that:

isey235 wrote: »

They refused and have now sent me a letter threatening Court Action within 7 days.

Sounds to me on a first reading as if there is probably not a CCJ on this debt already.

What did they say in this letter?

I really think it would be a good idea to give National Debtline a call free on 0808 808 4000. They will be able to get to the truth of this much quicker than we can, and then advise you on the best course of action.