Paying Debt Collection Agency for 6 years

Sad1 · 23 November 2012 at 8:06PM

6 years ago I got into financial difficultly and after turning to
Pay plan, Black Horse refused to cooperate and took me to court resulting in a CCJ for £18k.
Black Horse then sold the debt to DLC who I have paid £100 a month to ever since.
6 years on the CCJ went historic this month :T

Problem
1. DLC have started chasing me (5 calls a day) to up my payment as £100 is no longer enough or provide a settlement figure (I have no lump sum to offer)
2. DLC have said I still owe £13377 which feels high, how do I check?
3. Black Horse still have a default on my credit profile for the full amount, is this right?

I have read a lot on the internet about debts being unenforceable after 6 years, does this apply to me? (Seems to good to be true, but had to ask)
If not then what is the best way to deal with the debt company?

Thank you to anyone who is able to offer advice

sad1 :j

anniecave · 23 November 2012 at 9:18PM

1. You have the right to ask them to correspond with you only in writing, and to tell them to stop harrassing you by phone. Write to them to tell them this.
Can you afford to pay them more per month? If you can, then you can offer in writing to pay an increased amount. If you can't afford to pay more, then write to them to tell them that. Either way they may want a statement of your financial affairs to substantiate what you can/can't afford.

2. Ask them for a statement of where they get their figures from.

3. If you are paying a debt then no the six year rule doesn't apply.

HTH.

CAB_Swansea_Bay_representative · 26 November 2012 at 9:03PM

Hi sad1, thank you for your query regarding debt collection agency
To answer the separate questions you have asked;
1. If DLC have stated the instalment order is not enough they have to go back to the court to apply for a variation of the instalment if they want you to pay more and the court will look at your circumstances and consider what you can afford. If you own a property and DLC go back to court I would suggest you contact a debt adviser straight away as they could be intending to apply for a Charging Order to secure the debt to your property. I would suggest you write to DLC stating your circumstances have not changed and that you intend to continue making the payments agreed by the court and ask them to stop contacting you by telephone.
2. You can ask DLC for a statement of the payments and charges to the account and then you can see if these match the payments you have made, if not you can make a complaint. If the extra is because of interest then I would suggest you contact a debt adviser as there is only very limited circumstances where a consumer credit act regulated creditor can add interest after a CCJ has been obtained.
3.The default on your credit report is the amount owing on the date of default not the current balance which is usually shown separately on your credit report and is usually updated every few months.
4. Unfortunately the Limitation Act does not apply to debts you have been paying even if it has been over 6 years since you took it out.

You can find your local Citizens Advice Bureau at www,citizensadvice.org.uk.
Hope this is of assistance

Paying Debt Collection Agency for 6 years

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