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How long can debt be chased

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I was with someone who put his business in my name and when it all went up in smoke

left me to deal with the debt it had accrued. This was in 2004/5 how long are they likely to

pursue this debt? I have managed to avoid any contact with them as i changed my name but have recently received a letter from a company called Fredrickson International Limited in my old name at

my new address asking me to contact them. The letter actually says: " We have made enquiries for confirmation of your current place of residence. Information has been received confirming that your

address details have changed to this address. Due to data protection legislation details of the account are not included in this letter. Please call us immediately on the following number and quote the above reference for more information." I am a single mum on working/child tax credit and cannot afford to pay back this debt that i did not run up. I have heard somewhere that there is a statute of limitations on

the amount of time they can chase a debt, is this in fact true or will i have to bite the bullet and declare bankruptcy to put an end to this endless chasing by debt collection agencies? Can someone please help?

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Hi regretful.

 

welcome to CAG. You will get great support here.

 

A debt is statute barred in England after 6 years of no payment or admission.

 

Do not ring them.

 

Ignore for now and don't worry.

 

Read other peoples threads. You can do a search the the top of the page.

 

More expert folk will be along shortly. You may be advised to send a 'bemused' letter.

 

Don't worry.

 

best wishes

 

vic

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If this is the first time you've heard from Fredrickson's just file it and ignore. They're obviously not sure you are at that address and DCA's regularly send out fishing letters under these circumstances. Ignore it - do not phone, and if by any chance they happen to get your phone number do not admit who you are.

 

If they send a second letter, then it's probably a good idea to send them a Prove It letter. As said above, after 6 years the debt becomes statute barred so is no longer enforceable, though you still owe the money. However, given the nature of this first one, until they produce something more concrete I'd delay any contact at all as long as possible. Once you amke contact, the six years starts all over again!

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I concur with the above, but would respectfully point out that 2004/2005 would put this on the

edge of 'just becoming' Statute Barred, therefore NOT YET!! Clearly a Fishing Trip!!

 

If this were ME, I would first of all send the 'prove it' letter, then regardless of what they send in response

send them the Statute Barred letter, and again regardless of what they send in response, send a CCA request

letter also stating that the alleged debt was 'currently in dispute'.

 

I would then repeat the above steps until 6 FULL YEARS had passed without making payment or acknowledging

the alleged debt in writing in any way..

 

Please note though.... These are debt avoidance tactics which I do not condone, and only offer

because it seems that you have been royally stitched up..

 

Good luck for the future... :-)


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I concur with the above, but would respectfully point out that 2004/2005 would put this on the

edge of 'just becoming' Statute Barred, therefore NOT YET!! Clearly a Fishing Trip!!

 

If this were ME, I would first of all send the 'prove it' letter, then regardless of what they send in response

send them the Statute Barred letter, and again regardless of what they send in response, send a CCA request

letter also stating that the alleged debt was 'currently in dispute'.

 

I would then repeat the above steps until 6 FULL YEARS had passed without making payment or acknowledging

the alleged debt in writing in any way..

 

Please note though.... These are debt avoidance tactics which I do not condone, and only offer

because it seems that you have been royally stitched up..

 

Good luck for the future... :-)

 

While we're obviously pretty much in agreement, the one bit we seem to disagree about is the first step. If we agree that normally the first letter is ignored, then comes the Prove It letter, I would respectfully suggest that as this is not a "normal" first letter, it would be best ignored. Wait for the next one, and if that is a normal first letter, again ignore, then on the second proper letter send the Prove It letter. It may need sending one step earlier depending on the contents of the letter, but to my mind certainly doesn't need sending now.

 

I don't condone debt avoidance either, but if they have left it this long to do anything, then if it becomes statute barred that's their problem, not the OP's. What is the point in telling them you are who and where they suspect when it's so clearly just fishing?

 

Funny isn't it how you can think along the same lines except for one point!

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Just a quick point if you are going to send them a prove it letter ( I personally wouldn't ) what ever you do don't send a s.78 request with a cheque for the £1 as this could be put on file as a payment and start the clock ticking again, its a common DCA trick.


Live Life-Debt Free

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Absolutely right, even when you've specified it is not to be set against the debt. They still do it. Thanks B3RTY

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Sorry to disagree guys I would NOT send any correspondence at this stage. I am a tad concerned at the issue of a possible assignment - i thletter you have received is notice of an assignment it is going to be ineffective UNLESS you write and tell them that you have received it. Without seeing the actual redacted correspondence its difficult to comment in more detail

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Sorry to disagree guys I would NOT send any correspondence at this stage.

 

I don't think you are disagreeing. Read my post #5!

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thankyou all for your replies, up until now i have either ignored the letters or sent them back return to sender unknown at this address, no one has ever turned up on my doorstep, although i have heard that a couple of debt collectors turned up recently at my previous address, i think this may be beacause it is getting close to the 6 years and they realise they are running out of time? Im not someone that avoids debts as to be fair i never got behind with anything until my ex came along and hijacked my finances and ruined my credit :-x. He seems to of got off scott free whilst my good name has been besmirched! Still a valuable lesson has been learned. :|

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Sorry to disagree guys I would NOT send any correspondence at this stage. I am a tad concerned at the issue of a possible assignment - i thletter you have received is notice of an assignment it is going to be ineffective UNLESS you write and tell them that you have received it. Without seeing the actual redacted correspondence its difficult to comment in more detail

 

Welome back IGNM,

 

It's nice to see someone with your experience back here.

 

I'm sure that myself and all the other people you helped in the past would suggest that people take any adivce from this guy very seriously.

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Well I didnt reply or acknowledge the letter and now i have recieved a letter from their solicitors demanding the money within a certain amount of time with the extra amount that i will owe if it goes to court :-(. Do I just continue to ignore it? Will they send a debt collector to my door and what will i do if one turns up?? I must admit I am rather worried by this. Do I have to tell them who I am when they turn up at my door, I mean if i tell them that im not the person that they are looking for do I have to provide proof to them in my own home that im not?? just really unsure about the whole thing.

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Name/Address:

 

Date:

 

Dear Sir/Madam

 

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 Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and the Office of Fair Trading's Guidance on debt collection, 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. AND 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 would also remind you, that I/we are aware of the 'MALG' Guidance/Code that you should comply with.

 

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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

TYPE OR PRINT YOUR NAME, DO NOT SIGN.

 

 

I am thinking draw this out as long as possible to see if you can get it statute barred without slipping up and acknowledging the debt as this would start the 6 years all over again.

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