Equidebt chasing debt which is believed to be SB

[Julie_shropshire]

HI I have received a letter from equidebt of a debt from aktiv for a store card I had over 10 years ago. I was not aware of any amount owing on this nor have had any correspondence in the last 10 years, I have a clean credit file and I have rang them and told them I dont know anything about it, he said they will go back to Aktiv to get a copy of the contract the debt is from 2003 apparantly. does anyone know what I should do about this, will I have to pay it, they have already written twice and said they may instruct someone to come to the house. Any advice please. sorry if I have posted this incorrectly am a bit lost on the site.

Thanks.

[ims21]

Hi and welcome to CAG

 

Sounds to me like this is Statutory Barred.

 

If there has been no payment or written acknowledgement of the debt by you for a period of 6 years (5 in Scotland) then it is SB.

 

Do not talk to these fleecers on the phone......they are trying to spoof you into paying something that is SB

 

I've changed the thread title to attract more attention

 

ims

[Julie_shropshire]

Thank you.

 

I did talk to them on the phone, I acknowledged my name and that I had lived at the address they were stating 10 years ago. I told them I didnt know anything about it. If it was 2003 will it be statute barred and if it is are they obliged to leave me alone or can they continue harrasing me even if I send them a letter stating statute barred?

Thanks for your quick reply.

[ims21]

Hi

 

If you are in Scotland then the debt is extinguished.

 

Otherwise, although the debt is still there, it cannot be pursued in court....SB is an absolute defence.

 

If you are sure that 2003 was the last payment then yes it is SB and you should send them the SB letter and tell them that you will not be paying and that they must now leave you alone under the OFT debt collection guidance.

 

ims

[DonkeyB]

If you are absolutely sure it’s SB, send the letter, making it clear you will not be paying and that any further contact will be regarded as criminal harassment and reported to the OFT and the Police as such.

[ims21]

Snap DB

[DonkeyB]

Damn, took me a whole minute to write that!

[Julie_shropshire]

I ma not sure it is 2003 he told me that over the phone. I guess I should just wait now and see if they send me the original contract and see what thet date on it is and when the last payment was, is that correct? he did ask for my phone number and I said no to write but now I am thinking they have those caller displays so he may have written it down. He said he would put it on hold until they receive the contract. Will this affect my credit rating? Thank you for you help. Much appreciated.

[ims21]

Hi

 

See what they come up with in writing.

 

Have you checked your CRA file to see what it says about this debt....I would.

 

Also bear in mind that it has not been unknown for DCAs to come up with phantom payments to accounts so don't trust anything they send you about when the last payment was.

 

And makes sure you stay off the phone. If they call do not answer their security questions and say "in writing only" and hang up

 

ims

[Julie_shropshire]

yes they asked for my date of birth and I said you cant possibly know that. there is no mention of this debt on my credit file up until about end of dec 2011 that was when I checked last.When you say dont trust them should I only respond to a copy of the contract or whatever they send me?

[ims21]

If its not on your CRA file then it has dropped off and I would bet that it is SB.

 

Even if you had made a payment in 2005 or even in Jan 2006 it would still be SB

 

You have two choices...either send them the SB letter as previously mentioned or ignore them until they come up with something worth worrying about.

 

ims

[Julie_shropshire]

Oh I see, What letter should I send them is there a template available please? btw I have since moved the reason I receive the letter is through post redirect I did not give them my new address, but I dont want any one getting hassle at my old address should I give them my new address?

[ims21]

Hi

 

Here's the letter template

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

Don't forget to tell them that they must cease all activity now (as detailed by donkeyB earlier)

 

Its up to you whether you give them your current address or not...personally I wouldn't as there is no need. On an SB debt they can't do anything.

 

ims

[jlpdb79]

Hi , had the usual letter from equidebt not sure what it is for.. i stupidly took out a payday loan 1 year ago it got passed on to dca which i paid off in full and have a letter stating that, so dont think it could be that? the only other debts i had was 11 years ago which was a credit card and overdraft. I have been out of the uk for 9 and half years and returned 2 years ago do you think they will be chasing me about these old debts.... any ideas???