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Dazzaju

Old overdraft debt

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My wife has just received a letter from Buchanan Clark and wells stating that she owes £6800 from a joint bank account that she had with her ex husband 6years ago. He racked up loads of debts after she left, some in her name and which she has been paying. This last one is a step too far. Can they pursue her for a debt she didnt even know existed. He has disappeared from the face of the earth and we (nor the CSA) can trace him.

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Moved to Debt Collection Forum.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Six years from the date of the last payment made the debt becomes stat barred (5 Years in Sctoland)

 

It sounds like Buchannan Clark are trying to get you to bite etc.

 

If it were me I'd leave it alone until the letters get a little more forceful and then and only then send them first the 'prove it' letter found here

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

If they come back with anything you could keep them a little busy then by asking for a copy of the overdraft agreement.

 

However, It should be remembered that the majority of overdrafts whilst covered by the consumer credit act do come with exemptions etc.

 

In regards to 'can they pursue her' in short if the account was in joint names and she signed to that originally then yes she is jointly liable for the debt, it matters not who run it up etc and following on from that the debt collection agency will usually target either party, if one responds/can be found and the other cannot then they'll simply settle for the one that they've found and pursue them for monies they think is owed.

 

Just remember the golden rules, do not speak to the debt collection agency on the phone, any requests/applications for agreements send recorded and keep the details and do not

sign with the usual signature. See what comes next etc.


I reside in Dawlish Warren but am not a rabbit.

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Does this mean if any money went into the account within the 6 years (eg wages) it is a payment? He has run up all sorts of debts and even forged her signature in some cases and with him disappearing we really don't know what is going on.

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if she has paid anything on this debt. or acknowledged it then it will not be statute barred..surely though if any money eg wages went into account then this would be used to offset some of the overdraft

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Like I stated earlier, she did not even know about it and has been split from her previous husband for 6 years. So she has not paid anything but we don't know if he has or did :(

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in that case try sending this...

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No

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

I 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.”

I 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”.

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

 

I look forward to your reply.

 

 

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