I don't know what to do

[tashahol]

When I was 14 my mum took me into a well known bank neginning with B and signed me up for a current account (lying about my age so I was to them a year older) so I could get a part time job. After that she left my dad and had a bit of a breakdown. She then used my card to pay AOL for dial up for a few months saying to me that as she had given them details that were false that it wouldnt be linked back to me.

 

10 years later I have just received a letter from DEBT MANAGERS LTD stating that I need to give them £707 to settle this account.

 

I have a 5yr old and a young baby so i cant get a job as I cannot get affordable childcare and we barely make enough to cover the bills etc as it is. I have no idea what to do or say to them on Monday when I have to phone them I cannot speak to my mum about it as she refuses to talk about that period of time. Please please help

[skinttrev]

Don`t Panic. I`m not an expert,but I believe that any debt which is over 6 years old is statute barred,i.e. it cannot be enforced,however this would depend on when you last had any correspondence regarding the matter.Someone with more detailed knowledge will probably post soon.

[gizmo111]

Don't phone them - you have to do nothing, they will bully you over phone etc use the following link to send the letter re debts over 6 years.

 

http://www.nationaldebtline.co.uk/england_wales/temp/7843_10891.pdf

 

Good Luck

[tashahol]

So I just change my address (and the account number of course) and send them that letter?

 

Won't they just take that as refusal to pay and take me straight to court?

[octron32]

no they have to prove you had contact or payment with them in the past 6 years if they cant do this because of the amount of time involved you pay NOTHING there is no debt they will not take you court send the letter dont ring them if they ring you tell them you will not talk on the phone and to do so by letter and hang up. dont let them bully you. these clowns are trying it on if i lent you a fiver 10 years ago do you think i could write you a letter today asking for it back or i would take you to court.

 

steve

[blacksheep1979]

would be very careful what you say as debts may be time limited but crimes such as fraud aren't and this depending on the exact details could be down that road

[tashahol]

I hadnt really thought about that. Surely I wouldnt have been liable for responsibility at 14 years old? the account was only used for a few months before I cut up the card so it isn't like I have used it recently. I am a bit worried about dropping my mother in it though as she has since got back on track with her life.

 

From the letter it looks as though this has been passed to them by "Aktiv Kapitel" on behalf of barclays..why would that be? and what happens if they say they have contacted me for example by letter that I hadn't received? The problem is that I think my aunt who I stayed with for a little while after my mum was evicted and younger siblings were taken to my grandparents by social services and I suspect she may have intercepted a letter when I moved and phoned this Aktiv Kapitel. I am sure she didn't mean any harm and was acting out of concern for me but how would this affect the situation?

[octron32]

would be very careful what you say as debts may be time limited but crimes such as fraud aren't and this depending on the exact details could be down that road

 

on crime there isnt a limitation

[gizmo111]

Tash hasn't commited a crime or fraud. If her aunty has rang up and discussed the debt then surely DPA protection comes into play. Even if tash protects her mother and said she used the card after 10 years it is statute barred and uneforceable so I say send the letter and forget about it. Do not speak on the phone to anyone about this debt.

[Trojan1401]

Just a thought here which may help.

 

As you were 14 at the time, & this was a current account and not a credit account and would assume that there was no overdraft facility ( as you were under 18 - even though application had you as 15 ) then any debt must have been as a result of charges made for unauthorised spending. However if no OD then how did the bank allow spending on the account.

 

In addition, although not an expert in this area, as at the time youe were under 18, can a lender legally persue a debt ?

 

Either way, the 6 year rule still should apply so follow the link above and send them the letter recorded/registerd post.

 

Do not telephone them & if someone rings you from the collections agency, simply refer them back to the letter & advise all future correspondence must be in writing. If the continue to phone then threaten them with legal action for harrasment.

 

Fortunately on this one I believe the law is on your side.

[tashahol]

..some of you might remember my post regarding a debt of £707 from 10 years ago.

 

When I was 14 my mum took me into a well known bank neginning with B and signed me up for a current account (lying about my age so I was to them a year older) so I could get a part time job. After that she left my dad and had a bit of a breakdown. She then used my card to pay AOL for dial up for a few months saying to me that as she had given them details that were false that it wouldnt be linked back to me.

 

10 years later I have just received a letter from DEBT MANAGERS LTD stating that I need to give them £707 to settle this account.

 

I have a 5yr old and a young baby so i cant get a job as I cannot get affordable childcare and we barely make enough to cover the bills etc as it is. I have no idea what to do or say to them on Monday when I have to phone them I cannot speak to my mum about it as she refuses to talk about that period of time. Please please help

 

I followed the advice given (thank you!!) and wrote to them rather than phoning and quoted what I was advised to quote stating that after 6 years they can't chase me.

 

I sent this letter on Tuesday 15th Aug. I got a letter this morning dated 16th Aug. It is a notice of Legal Action basically telling me that their solicitor is preparing paperwork to take legal action against me unless I pay in full TODAY.

 

Help!!!!

[BotB]

I'm surprised you/your mother were able to get a current account opened in your name whether the bank was told you were aged 14 or 15, makes no difference. You were a minor and the bank was asking for trouble extending any kind of credit in those circumstances. I'm even more surprised you were given a credit/debit card.

 

As far as the debt is concerned, if you haven't acknowledged it and its over 6 years old with no judgement already obtained, then it is statute barred. This means the debt is still owed but the creditor cannot take court action to recover it unless you start the clock running again by agreeing you owe the money. In any event, if you were a minor when the debt was incurred, it cannot be enforced against you except for "necessaries". I would suggest you ignore the correspondence from the DCA, your letter of 15/8 probably hadn't been seen at the time they sent the second letter to you.

 

There is a fraudulent aspect to this matter though that doesn't go well with this forum. As you say you were a minor when the debt was incurred, I've responded but normally, I wouldn't give the benefit of advice to anyone engaged in fraudulent transactions however long ago they occurred.

[meggyweggy]

BotB i can see where you are coming from in respect of fraudulent but think back to when you were 14/15 and at the time you dont know any better where money and banks are concerned. I would say this is not Tashol's fault and more of aposition her mother put her in

[JonCris]

Quite I'm the 1st to have a go at those who want to use this site to act fraudulently. Whether or not tasshalhol knew her mothers was acting fraudulently is not relevant. Like all good kids she was doing what her mother told her to do.

 

The debt is time barred & unrecoverable as long as you don't let them con you into acknowledging the debt.

[gizmo111]

Quite I'm the 1st to have a go at those who want to use this site to act fraudulently. Whether or not tasshalhol knew her mothers was acting fraudulently is not relevant. Like all good kids she was doing what her mother told her to do.

 

The debt is time barred & unrecoverable as long as you don't let them con you into acknowledging the debt.

 

Hi Jon nice to see you back,

 

Surely if it is timebarred then it can never be recovered even if someone was bullied into accepting it?

[tashahol]

Hi..Just a bit of an update for you. I sent the letter that I was advised to send about the "10 year rule" and have not heard anything from them since. Not sure whether this is a good or bad thing but thanks to you all !!!

[barracad]

Threads merged - please stick to one thread

[tashahol]

Hi,

 

sorry to be a pain but I sent the letter and have heard nothing since until today when i received a letter from Aktiv Capitel saying that I wasnt sticking to the repayments that I agreed to!?!? I am totally confused by this now.. Is this them trying to trick me into acknowledging the debt? Should I write back??

 

Thanks in advance xx

[tashahol]

bump

[demon_x_slash]

I would say it was a trick. Don't worry - everyone else's advice still stands. They cannot enforce the debt, it's too old. Just keep calm, don't panic about things and they'll eventually realise you can't be bullied.

[ozzywizard]

Demon is right they are trying to trick you. If you sent that letter then ignore their letters and do not phone them. It is over.

[JonCris]

Hi,

 

sorry to be a pain but I sent the letter and have heard nothing since until today when i received a letter from Aktiv Capitel saying that I wasnt sticking to the repayments that I agreed to!?!? I am totally confused by this now.. Is this them trying to trick me into acknowledging the debt? Should I write back??

 

Thanks in advance xx

 

It's a con. DO NOT contact them, but be aware they are probably going to try & claim that you have acknowledged the debt by claiming you have agreed to make payments.

 

DON'T fall for it. Ignore them & keep us informed