Just been knocked sideways with a 12 year old debt!

[splosher]

Hi

 

I answered my 'phone yesterday and basically got caught out regarding a debt i didn't even know existed from 12 years ago. The caller was from Debt Managers Ltd - i've never heard of them - and after a long-winded conversation in which i gave loads of information due to the fact i thought it was a company i'd applied for a job to calling, i was told i owed £583 from 1996 and i have to pay it or the baliffs are being sent around!

I've dropped myself in it really as it threw me and i've agreed to pay £5 a week starting Friday, even though in hindsight i'm pretty sure a 12 year old debt can't be claimed, can it? It was from when i was a student banking with Barclays Bank and i've never heard anything except when a letter arrived last week stating i owed £583 but it didn't tell me from when or to whom.

Any advice would be great as i'm pretty well screwed agreeing to this as i work part-time and only draw £80 a week.

[Mrs_Ryan]

It sounds statute barred to me.

 

In other words you can tell them to go and whistle.

 

They cant send baliffs around unless they have a CCJ (which obviously they havent) someone more knowledgable will be along soon to fill in the gaps Im sure

 

good luck

 

Mrs R xx

[saintly_1]

Hi

If the debt is from 12 yrs ago then its statute barred DONT pay them on Friday.

Have they given you a reference number ? If so then send them the prove it letter

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

[Hobbie]

Although you have agreed to a repayment, you have not yet made a payment have you, and you have not acknowledged the debt in writing to them?

 

If this is the case, send them the Prove It letter, see where it goes, but as Mrs Ryan says "tell them to go and whistle".

 

I know the feeling about getting caught out on the phone though... don't worry, you can tell them absolutely anything, and you hear them typing away, but unless you put it in writing its worthless.

[photoman]

See this for a similar story.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/142766-statute-barred-buchanan-clark.html

 

 

....also, as already advised, print don't sign the letter, as there have been tales of some such companies then lifting a signature from a letter and using it to construct other letters or agreements.

 

 

regards

 

PM

[Hobbie]

then lifting a signature from a letter and using it to construct other letters or agreements.

 

Yes, I know.

[UnmoderatetheNet]

Does it matter that all this admission took place on the phone and not in writing?

 

Does anybody know how many DCA record calls?

 

Can a telephone call really be used as evidence?

 

I am also curious as to how they tricked you into giving more information, could you tell us more.

 

if they used deception then surely this also goes in your favour.

 

stick to the advice given about the letter its good sound advice and should shut them up

[Hobbie]

Yes, it matters, he has no confirmed in writing that HE will pay, anyone could have answered that phone and confirmed YOUR NAME (Brother, Flatmate etc...).

 

I'd say that some record the calls, but I know Lowells don't (or didn't) As when they phoned me last year about something that was genuinely nothing to do with me, on a phone call, few days later sent my a payment book and a letter as it was alleged I had agreed to pay a debt and accepted it was mine, I wrote to them asking for a copy of the recorded conversation, some manager phoned me, regarding my letter, he confirmed during this call that Lowells didn't have the facility to record all calls, so I told him in that case I'll send him a CD copy of my recording, he was at a loss for words. I sent the CD, never heard from them again.

 

DCA's are experts at tricking people, some people will reveal anything on the phone, my mother for example, anyone can phone her and ask for her name and address, and she happily obliges, its not until she puts the phone down does then think what she just done. guess thats the age though...

[photoman]

If a DCA or similar are recording a conversation, then I do believe that they are obliged to tell you so from the very outset of the call, otherwise any such recording or transcript of such cannot be called upon or used as evidence.

 

I'm sure somebody else will be along soon to confirm whether or not this is actually the case.

 

Likewise, if you also have the facilities to record a conversation yourself, then when they call you, it is advisable to inform the OP that you shall be doing so at the beginning of the call.

This in itself will often be enough to either drop the call or temper their threats and aggressive tone.

 

However, it is always best when called by such people to just firmly state at the offset that you will not enter into any discussion about the matter over the phone, and that all communication must be made in writing.

 

PM

[splosher]

Hi

Thanks for the replies everyone as it lifts some of the pressure, i can tell you.

They didn't trick me really in anyway - as i stated, i've applied for a couple of jobs and also got a few things going on regarding my council tax recently, so i thought for the first 30 seconds i was dealing with someone to do with one of those issues. When i finally clicked on, i realised i'd confirmed my name, my address, my telephone number, etc. Then, once i asked them what they were calling for, they told me i owed £583 from an address i haven't lived at since 1996: again, i then made the mistake of talking to the person on the other end of the 'phone as i tried to work out what was going on in regards to this debt. As i've stated, i hadn't lived at the address for 12 years so i wasted time trying to jog my memory.

Then, after accepting the debt verbally - yes, i'm a clown i know - they asked me for an weekly outgoings over the 'phone to decide on the £5 a week repayment scheme.

As stated, i'm supposed to 'phone them on Friday and pay £5 via my Debit card, which i really don;t want to do as then they'll have my card on record.

[tiglet]

It doesn't matter whether you agreed or not or whether they recorded it or not - send them the letter saintly gave you.

[Hobbie]

And NEVER give a DCA your debit or credit card number to make offer any payment!

[photoman]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99361-you-being-harassed-telephone.html?highlight=harrassed

[dannyboy660]

As stated, i'm supposed to 'phone them on Friday and pay £5 via my Debit card, which i really don;t want to do as then they'll have my card on record.

 

You don't have to pay it if you don't want to, it's Statute Barred unless you've made a payment in the last six years.

 

If you're having problems with Council Tax, concentrate on getting that sorted out before anything else. Getting in the poop with CT could ultimately lead to a short stretch digging Lizzies garden or a spot of community service. Not paying a SB unsecured debt simply deprives a Debt Collector of a small profit.

 

The right thing to do should be very clear. They'll still threaten you with court etc, but when they call just tell them to go ahead and you'll take the court option - they can't anyway and they know it. Just be aware it won't stop them threatening you and trying to wear you down. Be as rude to them as you like, it's fantastic form of stress relief and you will feel really invigorated and ready for anything afterwards!!!

[splosher]

You don't have to pay it if you don't want to, it's Statute Barred unless you've made a payment in the last six years.

 

If you're having problems with Council Tax, concentrate on getting that sorted out before anything else. Getting in the poop with CT could ultimately lead to a short stretch digging Lizzies garden or a spot of community service. Not paying a SB unsecured debt simply deprives a Debt Collector of a small profit.

 

The right thing to do should be very clear. They'll still threaten you with court etc, but when they call just tell them to go ahead and you'll take the court option - they can't anyway and they know it. Just be aware it won't stop them threatening you and trying to wear you down. Be as rude to them as you like, it's fantastic form of stress relief and you will feel really invigorated and ready for anything afterwards!!!

 

My problems with Council Tax are sorted now, but as i stated, i believed the call to be connected with Council Tax, that's all.

What happens if they send baliffs around to my house, or worse, where i work?

[dannyboy660]

My problems with Council Tax are sorted now, but as i stated, i believed the call to be connected with Council Tax, that's all.

What happens if they send baliffs around to my house, or worse, where i work?

 

They can't, it's not possible unless you default on a CCJ - and they can't get a CCJ.

 

You have nothing to worry about as long as the debt is Statute Barred.

[splosher]

They can't, it's not possible unless you default on a CCJ - and they can't get a CCJ.

 

You have nothing to worry about as long as the debt is Statute Barred.

 

But how do i know if the debt is Statute Barred? Plus, what if there was a CCJ issued say 5 years ago that i'm not aware of?

[dannyboy660]

Putting it very briefly, if you haven't paid or acknowledged the debt in the last six years it's Statute Barred.

 

It's unlikely, although not impossible that a CCJ exists, but you are obviously not aware of it. To 'revive' a CCJ that's over six years old and had no steps taken to enforce, they will need the OK from a County Court and to explain why they haven't bothered with it, so you've done the full circle. At that point it may be possible to defend, and things will be stacked in your favour.

 

Some may disagree, but I still think it's their move and you can tell them to get stuffed.

[splosher]

Putting it very briefly, if you haven't paid or acknowledged the debt in the last six years it's Statute Barred.

 

It's unlikely, although not impossible that a CCJ exists, but you are obviously not aware of it. To 'revive' a CCJ that's over six years old and had no steps taken to enforce, they will need the OK from a County Court and to explain why they haven't bothered with it, so you've done the full circle. At that point it may be possible to defend, and things will be stacked in your favour.

 

Some may disagree, but I still think it's their move and you can tell them to get stuffed.

 

Well according to the person i spoke with, they've been trying to find me since 1997 but have been unable to locate me - this is due to me living all over the country, working, studying, etc and it's only since this year at my current address that i've been "found" due to the electrol register.

[dannyboy660]

That's not your problem. "Unsecured" means just that, in all it's glory.

 

If you want to pay it nobody is stopping you - but you have no legal obligation to as the debt will have been written off by the original creditor and is long dead and buried.

 

Is it your debt, did you deliberately and knowingly just decide to ditch it at some point??

[splosher]

Many thanks everyone and will keep you informed with further developments once i've sent the letter Saintly 1 has told me to send them.

[saintly_1]

Please send the letter I posted then post back here if they come back with anything.

 

 

saint

[dannyboy660]

That's the very thing I was looking for, but you've already got it from Saintly

 

Yes, give that a try.

[splosher]

Again, cheers for all the help.

So, even though i've had a conversation and agreed to pay, i will just send the letter and see what happens after.

[saintly_1]

Yes ..... dont contact them Friday though