Old debt

louise0502

I've recently moved in with my partner who has old debts from approximately 3 years ago. He says that there's a certain amount of time we have to wait and they can't make him pay them. He used to get a couple of letters a week about them at his old address and we thought if we moved they wouldn't be able to get hold of our new address. But they have found us and we've now had 2 letters asking us to contact them. How much longer do we have to not contact them for before they can't demand payment any more? Is there any thing else I should look out for, as I'm home alone during the day while he is at work? Thanks

**Amy**

Hi

If you are talking about a debt become statute barred (my spelling is rubbish sorry) it has to be 6 years.

However i think purposely running away from the debt as he is doing is a bit silly. It may be worth him checking out his credit report as he has probably had a few defaults etc. He may also end up getting taken to Court and getting a CCJ. He probably wont but it could happen if he just ignores the debt.

I would maybe suggest asking for the credit agreement, but im sure someone will be along soon to offer more help.

x

GeorgeUK

Doesn't sound too good Louise.

A Debt will become statue barred 6 years after the last payment or written acknowledgement of the debt (5 in Scotland). If there is a CCJ against any of the debts, he will have problems especially as a CCJ does not become statute barred.

It also isn't the case that you can just ignore letters and hide for 6 years, then you don't need to pay the debt. If they went to court and there was a valid reason for you not paying the debt such as they hadn't contacted you or were sending the letters to the wrong address, then they would have no comback in court - but this is not the case. A judge may decide that they have done everything possible to get you to repay the debt, but you have simply ignored them, so could find in favour of the creditor.

If the debt is not with the original creditor, but has been passed to a debt collection agency (DCA) they may not be aware of how long someone before them has been trying to contact you, but still is not a guarantee that you will not be made to pay the debt.

If possible he should request copies of the credit agreements (but there isn't one for overdrafts), notice of assignment and statement of account. He may be able to offer a reduced settlement figure of between 30%-50% of the debt or arrange a repayment plan. The biggest concern though is if a CCJ is put on the debt.

His credit score will be shot to pieces for the next few years, so you should not get a joint account/loan/mortgage with him as this will have an effect on your credit rating. Living with him will not though.

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louise0502

Yeah he has a bad credit rating, we already know and he has a CCJ as well. Six years doesn't sound too bad. What's involved in asking for the credit agreement? Does that count as acknowledging the debt? Is there some kind of independent organisation where we can find out who and how much he owes? Thanks

GeorgeUK

To find out who and how much he owes, he could probably get the details from his credit report - free at experian if you cancel within 30 days.

Requesting a CCA does not count as acknowledging the debt - especialy as at the top of the letter you put " I do not acknowledge any debt to your company"

The CCJ could be a problem, but i guess that can wait as it already seems to have.

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It is usually debts that have been passed to a DCA that do not have copies of the CCA - the original creditors usually hold on to them so may be worth bearing that in mind.

Best case scenario may be that they cannot produce the requested CCA, then the debt is unenforcable (outside of court), as they have not proven the debt is his. 3 years later, the debt would become statute barred.

louise0502

Ok thanks for your help, the links were especially useful!
Louise

GeorgeUK

Glad they were of use. Didn't realise i'd put them in twice

MrsTinks

Six years doesn't sound too bad... no it might not... but I am willing to be you that if he already has one CCJ then the otehr creditors are likely to follow with CCJs too and a CCJ does NOT become statute barred.
Start by requesting CCAs for all his debts and get him to speak to one of the charities in my signatures. If he can't afford to pay the debts then a DMP might be an option. If it's 3 years since he last acknowleged the debt then a further 3 years is a long time to wait! And even then they could at the last moment get a CCJ and you'd be back to still having to pay.
If he owes the money get CCAs and then arrange to pay back the debts.