old debt need your help

[Bazooka Boo]

I would stronlgy urge you to contact the National Debtline 0808 808 4000

IMHO and from talking with them, regardless of how old a debt is, does not mean that they cannot chase you for payment, it would be up to you to send them the Statute Barred letter and then if they persist in further harassment for payment, they are then committing various offences.

 

 

The Limitation Act 1980 sets out the rules on how long a creditor has to take action against you to recover a debt i.e. take you to court. The time limits are different depending on the type of debt that you have.

 

Unsecured credit debts

 

This would include credit cards, store cards, bank and building society personal loans, catalogues, finance company loans etc. You may have had a debt with an ordinary unsecured creditor that you have not heard about for a very long time. You may have moved address or thought the debt had been written off.

Out of the blue a letter arrives from the original creditor or debt collection agency asking you to make a payment.

You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt if:

 

• the creditor has not already obtained a judgment against you;
  

and

 

• you or anyone else owing the money (if your debt is in joint names) have not made a payment on the debt during the last six years;
  

and

 

• you have not written to the creditor admitting you owe the debt during the last six years.
  

You are entitled to a copy of any files the creditor has containing the history of your account under the Data Protection Act 1988. A request for the file would not mean you were admitting the debt.

 

REMEMBER

If the creditor can prove you wrote to them admitting the debt, or you or anyone else owing the debt made a payment, then the six year limitation period would start running from the date you last made contact or made a payment.

ADVICE

If you have started to make payments on a debt where there was more than a six-year gap then it is probably unenforceable.

 

But you should ring them and explain your circumstances and they will happily advise as to the best course of action.

[Bazooka Boo]

OK, the debt is ten years old or thereabouts, when they initially approached you asking for payment, they would have been fully aware of the legalities surrounding Statute Barred (SB) debts, and they only approached you for payment in the hope that you were not aware of your rights.

 

You paid them an amount of money, this will not nor can it ever restart the clock again and they know this:-x

 

If they are harassing you over the phone send them the telephone harassment letter. By recorded delivery.

 

This is the letter to send them to tell them to play on the motorway because the debt is statute barred.

 

Once they have received the statute barred letter, they are unable to legally chase you for it, put simply, they cannot file for a CCJ.

However one point to remember is that every time the debt is sold on to another DCA they can and often will ask you for payment and place a mark on your credit file to the fact that you owe them money.

There is nothing illegal about them doing this, with regards to your credit file, as factually the information is correct, however they are not allowed to harass you for payment on a SB debt, if they do then lodge a complaint with the OFT , can't find the correct link for their complaints at the min, I'm sure someone else will have it?

[Bazooka Boo]

No worries, if you still need any help, just shout!

[Bazooka Boo]

Yes as ^above^

 

Sorry been busy today.. Cheers Posty;)