1st Credit Ltd letter out of the blue - Debt older than 6yrs

[lrennie]

Hi there, I've been looking at the thread about debt older than 6 years and your fantastic template letters. Just had a wee query.

 

My fiance and i met 3yrs ago, he has debt from the 1990s and last paid to it in 1996. He has moved from place to place for years since then. The flat we now live belongs to me, the mortgage is in my name.

 

Out of the blue he got a letter from 1st Credit Ltd. at the end of Nov 2010 saying:

 

We are attempting to contact the above named person (himself) regarding a personal matter. Your address (my flat address) has been supplied as a possible address for our subject. If you are (my fiance) please contact our offices. If you are not and have information that may assist us, please call us blah blah blah. If no response if received within 10days we will assume it is the named person and we will ensure relevant correspondence is sent to you.

 

He did end up phoning them (he thought it was in reference to Greenwoods loan he had recently) and they said that he is to pay back this 1990s debt mentioned above. My fiance asked how they got the address (he's not on the voter's roll) and said he'd need to speak to Citizen's Advice before doing anything.

 

They got quite snappy on the phone when he said this and said "Oh so are you saying you are not going to pay this back?" My fiance said no I clearly said I'd speak to Citizen's Advice first. They then ended with well do ensure you phone us back within a week. He never did.

 

We havent actually heard anything else from them, although it's only been 4 weeks. I discovered this forum tonight and am happy to have it confirmed that debt older than 6yrs is SB.

I was also worried they could "visit" my flat but now realise they cant do that either.

 

Am I right in what I am saying?

[ScarletPimpernel]

If the last time your fiance either acknowledged the debt in writing, or made a payment toward it was more than 6 years ago, it's statute barred. What he should do is send a letter to Ist Credit, by recorded delivery, stating that the debt is statute barred and that no money will be forthcoming. This is essential, because the OFT says that a DCA can pursue statute-barred debt unless the debtor has said that they will not be paying.

[lrennie]

The last time he paid to it was about 1998 he says. And he's not acknowledged it either since then. It was with Lombard originally I think. (I'm not condoning not paying debt and im the complete opposite from him, keep up with my payments, but he has a past and didnt really care before we met years later.)

 

He's not received anything else, the one and only letter we've had from 1st Credit just asks him to phone if the name on the letter is him. We've not heard anything else ....so should he send a letter if he now hears anything else, ie. threatening legal action?

Thanks for your help.

[Undercover-Elsa]

Hi Irennie,

Welcome to CAG

I agree with Scarlet Pimpernel, your fiance needs to send the Statute Barred letter, but I think he needs to wait until they write again detailing what the debt actually is in writing. Then he can respond and will have a paper trail and reference number for clarity.

Further details and template for the Statute Barred Letter are in my Debt Help Blog linked below. He'll need to send it recorded delivery, then check on Royal Mail website that it's been delivered. (Save a screen shot of confirmation for future reference)

 

Kind regards,

 

Elsa x

[tiddles93]

I had dealings with these Muppets a few months ago for a debt that wasn't even mine.

Thanks to the invaluable advice from this site I saw them off, a word of warning though, they trashed my credit file but a complaint to Experian and my local trading standards got everything removed within a week.

[babybear39]

Subscribing with great interest

[panther12]

I’d be inclined to wait and see if they made contact again. Just wondering though if it’s possible there could have been a CCJ obtained by default if paperes were sent to a previous address as the fiancé moved around.

[dpick]

I agree with the above posters wait until they supply full details of what the debt is it may not even be for you fiancée but someone with the same name these gutter scrapers are not bothered who pays them even some poor innocent that does not owe the debt all they want is money and they do not care where from.

 

dpick

[lrennie]

Thank you guys for all your help. We'll see if we receive anything else and then use Template Letter M to basically tell em to get to fcuk

[lrennie]

I’d be inclined to wait and see if they made contact again. Just wondering though if it’s possible there could have been a CCJ obtained by default if paperes were sent to a previous address as the fiancé moved around.

 

What could this mean?

[Bazooka Boo]

It could mean that a county court judgement has already been entered against him so SB might not necessarily be a defense, unless of course it was SB at the time they were awarded a CCJ, however you can check for £8 and see if their is an entry against him.

http://www.trustonline.org.uk/

[lrennie]

Does this mean that he'll never get credit as it's registered on his credit file for good?

 

And does it mean he would also need to pay it back to the courts if we hear any more?

[Undercover-Elsa]

Irennie...

I wouldn't worry about this at all..it's just speculation, covering all scenarios.

 

If they'd already got a CCJ they'd probably be only too happy to point that out.

A CCJ would fall off his credit file after 6 years. If there was one (and I doubt it) then

if he didn't receive any papers about it he could very easily get it set aside on that basis.

 

If it puts your mind at rest, check it out on trustonline as mentioned above.

In the meantime, no point worrying ..wait until they send something concrete then we'll help you deal with it. Idle speculation is pointless and only causes needless distress,

 

Elsa xx