Old debt - advice needed!

adampeek

Before I start I'll give a bit of background. 7-8 years ago I got myself into quite a hole with respect to debt. I'm ashamed to say I took the bury your head in the sand approach and hope they would go away. Well they never and two or three years ago companies started to catch up with me. As they did I paid all of them off, even actively seeking some through my credit file to pay off, but I have just received a letter from a company claiming I owe them £2k. It's not a debt I am aware of, but sadly it's not something I could rule out. If when I get to speak to the finance company they can prove it's my debt, what are the laws regarding old debt? I thought these things dropped off after 6 years. If there has been no contact for more than 6 years do I still have to pay?

Thank you for taking the time to read this, all advice will be greatfully received.

Thanks

Adam

thriftymomma

I would say you need an up to date credit report and work out who it is before you ring them. If you acknowledge the debt I think they can make you pay though I am not 100% sure.
Good luck x

AGB863

If there has been no acknowledgement in writing or that you have made any payment to the debt in the last 6 years then the debt is statute barred.

This means that the company chasing paying can not use the court system to enforce payment, although they may say that you should pay it.

http://www.nationaldebtline.co.uk/england_wales/temp/2579_30791.pdf

Here is the link to the letter that you need to send to the company.

The onus is then on that company that the debt is not stattue barred.

Do not sign the letter, as it has been known for some compamies to scan signatures and if you ask for a copy of the credit agreement - it may be used and be added to the document.

beranabus

the link above doesnt seem to work

fermi

beranabus wrote: »

the link above doesnt seem to work

These should:

If you are in England/Wales then:

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

If you are in Scotland then:

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

adampeek

Thans for the advice guys. The letter I received is from a company now acting on behalf of Aktiv Capital. I have noticed from these boards that these seem to be cowboys putting it politely.

Would you suggest it's better to call the company regarding the account or send the letter stating statute barred?

Thanks again

GeorgeUK

Send the letter!!

If you phone them they may get hold of your number and harrass you day and night. All communication should be in writing with a DCA - also never send anything with your signature on it. Just initia the letter or print your name. Make sure to send it by recorded delivery so that your have proof of postage.

adampeek

I sent the letter monday and got a reply today as follows;

In order to assist us investigating and resolving the issues you have raised, we ask that you contact our customer relations team.

The purpose of this conversation would be to ascertain ceratin important facts in relation to this matter, which will assist us in complying with your request and/or resolve your query.

We look forward to receiving your response in connection with this matter.


So any thought on how I should respond to this???

Thanks again

GeorgeUK

Personally, i would ignore it as you have informed them that the debt is statute barred.

I would definately not phone them. If they have anything to say to you they can do it in writing. If you feel the need, you could write again stating that you are aware the debt is statute barred and having informed the company of this, will not enter into any further communication with them regarding the matter as you do not intend to pay as the debt is not legally recoverable. Should they continue to press this matter you shall be informing Trading Standards of their breaching OFT debt collection guidance.