Old debt has caught up with me!!! Help!

[amanda_filtro]

Hi there,

 

Around 12 years ago when I was in my early twenties, I ran up some debt-mostly store cards, catalogues, that kind of thing. I then left my hometown and sought pastures new. I got myself a new address and a new surname and started my life again - and ran off leaving all my debts simmering in the background! Denial!!

 

Well, imagine to my horror, when a few weeks ago a letter arrived from a 'Debt Managers Ltd' addressed to my old name but at my new address. This letter is a Settlement Opportunity for my old Frasercard.

 

Could anyone advise what I should do? I'm afraid that if I reply to them, even for a CCA request, then they will then know for sure where I am and who I am, and suddenly all my old debt will come knocking.

 

Any help will be much appreciated! Many thanks in advance!

[sam614]

Hi there,

 

Around 12 years ago when I was in my early twenties, I ran up some debt-mostly store cards, catalogues, that kind of thing. I then left my hometown and sought pastures new. I got myself a new address and a new surname and started my life again - and ran off leaving all my debts simmering in the background! Denial!!

 

Well, imagine to my horror, when a few weeks ago a letter arrived from a 'Debt Managers Ltd' addressed to my old name but at my new address. This letter is a Settlement Opportunity for my old Frasercard.

 

Could anyone advise what I should do? I'm afraid that if I reply to them, even for a CCA request, then they will then know for sure where I am and who I am, and suddenly all my old debt will come knocking.

 

Any help will be much appreciated! Many thanks in advance!

 

hi, welcome to cag.

if you have not payed anything,or acknowleged the debt in writting for 6 years it is statute barred,

sam:plowell detester

[maroondevo52]

Hello and Welcome, amanda filtro.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[lickthewallfatboy]

when was the last time you made a payment or acknowledged the debt in writing?

 

if it's more than 6 years ago,you can sit back and relax!

[amanda_filtro]

You are kidding?!! This could just be the best news I have EVER heard!!!

 

So basically, I just do nothing and don't reply to any correspondence?

 

That I can do!!!

 

Thank you so much everyone! Fantastic!!!

[maroondevo52]

You are kidding?!!

 

No, they are not

 

 

Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

 

Regards.

 

Scott.

[izzitme101]

im wondering if the change of name will reflect that to, as unless you told them at the time, they may claim they had to take all that time to find you again.

Also, as the letter is not in your current name you could just return them all as not known at this adress

[cerberusalert]

You can send them this back;

 

Dear Sir/Madam

 

Acc/Ref No

 

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

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

Print Name do not sign

 

Edit to suit

[amanda_filtro]

This is all incredible information! Thanks to all!

 

So...should I then return the letters as 'addressee not known' and then keep my fingers crossed, or should I send them the letter about the Limitation Act?

 

Its just any correspondence will require me to state my name and I really don't want my new identity discovered (Jeez, I sound like a spy or something! )

 

Also, I reside in Scotland which I assume may affect the laws?

 

What's a girl to do for the best?

[sam614]

five years in scotland:)

 

sam:plowell detester

[amanda_filtro]

It just gets better and better!!! Thank you so much!!!

 

I'm pouring a celebratory glass of wine as we speak!!!

[cerberusalert]

Its just any correspondence will require me to state my name and I really don't want my new identity discovered (Jeez, I sound like a spy or something! )

 

If they have contacted you in your old name at a new address they have undoubtedly linked your new name anyway. This is easily achieved if you have for example changed your name on a bank account or credit card, or have formally notified a financial institution of your change of name, i.e if you married and took your spouses name.

[vantom67]

Hi, I am in the same boat and need advice. I have just received two letters from Response Credit Management re outstanding debts. They are both re Aktiv Capital re G E Capital Bank. I did have a credit card and a store card when I was first married and I presume these relate to the debts. I'm pretty sure these debts are statute barred as the last thing I heard from them was November/December 2002. The letters are in my married name but I haven't used that name since my divorce was finalised in 2003. I have never used my married name at this address ( I have been here 5 years now), what should I do? Should I fire off the standard letter, and if so do I use my old married name or my maiden name which I reverted to, or should I just send the letter back not at this address.

 

Thanks for any advice.

[cerberusalert]

Send them the 'Statute Barred' letter in post #8 using the name they are contacting you by. They have no right to know your new name anyway.

[vantom67]

Send them the 'Statute Barred' letter in post #8 using the name they are contacting you by. They have no right to know your new name anyway.

 

 

Thanks, will do.