Running away from debt....

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Hi all,

I have considerable student debt (bank overdrafts at three banks to the tune of around £5000 total) which was sold to debt collection agencies periods ranging from 8-12 years ago.

I ignored and binned all correspondence from both banks and agencies and stopped receiving letters altogether around 4 years ago asking for repayment.

I am really sorry and I know it’s people like me that cause bad credit rates, economic disasters and the refugee crisis in Calais (I exaggerate but I know how venomous people are with bad debtors like me) but I have no intention of repaying these debts – ever.

How does this affect my credit file?
Can the debt collection agencies still pursue me?
If I ever receive another letter should I follow my process of binning the correspondence?

I’m not asking for tips on how to avoid repaying my debt, just what continued legal recourse they have to come after it should they suddenly start sending me the collection letters.

My plan was to just never acknowledge, never respond and as abhorrent as most of you will find this, put the debt down to the exuberance and carelessness of youth.

I know it sounds like I’ve “gotten away with it” but the fact this stuff is haunting me throughout my adult life goes to show that the fear of financially ruinous recrimination always stays with you.
«1345

Comments

  • jimmy900
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    I think you'll find it was the "exuberance and carelessness of youth".
  • curty510
    curty510 Posts: 189 Forumite
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    non payment of debts shall cause you many issues in life. It can prevent you from obtaining further credit/mortgages etc. Ok you might not need either now, but you never know what is round the corner.

    After 6 years of non payment/no contact etc, debts should be removed from your credit file, but lenders will still keep you on file and not go near you with a barge pole.

    Finally, with debts over £5k you can be forced in bankruptcy by your creditors, thus making future credit & employment difficult. See how that works out champ.
    debt free, savings in the bank
  • lambda
    lambda Posts: 222 Forumite
    Debt-free and Proud!
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    I think you'll find it was something beginning with an "s" and ending in a "d'.

    Sorry but attitude like this "but I have no intention of repaying these debts – ever." really makes me extremely annoyed.
    October 2015 = -13242.16 DFD 28/10/2016 £0 :T
  • jimmy900
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    You seem to think I'm boasting or trolling, I'm not.

    I accepted there would be some people who don't read the detail, don't care and just want to smugly judge.

    Three different debts, to three different unrelated creditors:

    Bank 1: £1,450
    Bank 2: £1000
    Bank 3: £2500
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
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    Hi

    When the bank called the overdraft debts in and asked you to repay in full they would have defaulted the accounts. If 6 years pass from that point with no payment from you, no written acknowledgement and no court judgements the debts would be statute barred.

    That means they would be unenforceable in court. If you inform debt collectors that they are collecting a statute barred debt they need to prove it isn’t statute barred or stop collecting.

    If the debts aren’t statute barred the debt collectors can continue to pursue you and could start court proceedings to recover the money.

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • EssexHebridean
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    I'm not going to comment on the "rights" or "wrongs" of the stance you are taking, However, I will say that if it's haunting your life as you say, is the best course of action for the sake of your own mental health not to knuckle down and deal with whatever (if anything) is still payable? Assuming you are now in a position where you are earning and paying your own way, you could probably deal with anything that's still showing relatively quickly, and shake off the fear you mention in that final paragraph? Assuming, of course, you meant that final paragraph...
    🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
    Balance as at 01/09/23 = £115,000.00
    Balance as at 31/12/23 = £112,000.00
    SOA CALCULATOR (for DFW newbies): SOA Calculator
    she/her
  • jimmy900
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    Hi

    When the bank called the overdraft debts in and asked you to repay in full they would have defaulted the accounts. If 6 years pass from that point with no payment from you, no written acknowledgement and no court judgements the debts would be statute barred.


    James
    @natdebtline

    Thanks James, really helpful.

    This is certainly the case as all of the banks sold the debts to collection agencies so the debts would have been treated as defaulted in that respect?

    I moved address a lot and as I said binned any correspondence that happened to reach me from Lowell or Moorcroft or whomever. They stopped contacting me over four years ago and even before then it was only a letter or two a year.
  • jimmy900
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    I'm not going to comment on the "rights" or "wrongs" of the stance you are taking, However, I will say that if it's haunting your life as you say, is the best course of action for the sake of your own mental health not to knuckle down and deal with whatever (if anything) is still payable? Assuming you are now in a position where you are earning and paying your own way, you could probably deal with anything that's still showing relatively quickly, and shake off the fear you mention in that final paragraph? Assuming, of course, you meant that final paragraph...

    Would a check of my credit report show this?
  • EssexHebridean
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    jimmy900 wrote: »
    I think you'll find it was the "exuberance and carelessness of youth".

    To put your flippancy into context. There are people on here who have been left picking up debts after the death of a spouse. Others who lost their jobs through genuine illness and disability. I know of at least one couple who lost their way financially following the death of their very young child. We have watched people - friends in fact - on here battling their debts whilst fighting cancer (Taxi, Kissjen, RIP). Your comments come dangerously close towards taking the right royal p*55 out of an awful lot of people - can I cordially suggest that "when in a hole, the best course of action is to stop digging" . You spent money you didn't have - is the bottom line, A lot of us on here did it. Most of us turned into adults, realised we were wrong, and turned our attentions towards doing the right thing and dealing with it. PLEASE don't feel it's appropriate to waltz onto these forums as a newbie and behave in a way that others may quite genuinely find upsetting.
    🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
    Balance as at 01/09/23 = £115,000.00
    Balance as at 31/12/23 = £112,000.00
    SOA CALCULATOR (for DFW newbies): SOA Calculator
    she/her
  • MrsTinks
    MrsTinks Posts: 15,241 Forumite
    First Post Combo Breaker Name Dropper First Anniversary
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    My issue with your attitude aside (you'll find we all understand not being ABLE to pay, not being willing is what will upset a lot of people... ) then check all three credit files, see if any of these ever went to CCJ.
    The issue may be that if you haven't opened these letters or run from addresses that a CCJ may have been filed at a previous address for you and you wouldn't know until you do some digging if your previous addresses and your current one aren't linked properly. That means in theory an old CCJ could be lurking for a while.

    If this is causing you issues mentally then you need to deal with it whilst you're in control and not when you're at a low point for other reasons.

    Suggest you get someone who can help you and support you and start looking into this. As you've completely ignored your debts it's hard for us to help as we do't have any idea what stage or state any of these debt are at.
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
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