Old debts

[pawnbrokers]

Have had a pile of old debts

, being very old and very cynical,

at pension age I made the çoncious decision to stop paying any and all of them.

 

I challenged every debter to take me to court, they didn't

, preferring to sell on debts to collectors

 

None of these took me to court,so here I am over six years later which should mean no more chasing from collectors,

 

however one chasing debt company has insisted I made a payment against one of the debts three years ago.

I challenged that knowing I had not.

 

They then advised that the payment had come from the debt owner.for repayment of charges or something and made to the debt collector intstead of to me??

 

How can this be taken as a payment from me??

 

Now I have another item which needs to be repaid

, but the debt owner wants to pay it against a debt which is past collectible date

. What is the legal position.

This is a business debt and debtor ,

 

I never tried for charges reclaiming and there were loads, because it was a business. Now they say it wasn't. Ten years later. Dahhhh.

 

Any helpful information on the situation regard to debt over six years and what the legal position of debt and debtor would be appreciated

[fkofilee]

No it shouldnt be taken as a payment by you.

[unclebulgaria67]

Stature barred relates to actions by you e.g payment or acknowledgement of debt. So some internal payment between creditors does not stop the debt being statute barred and unenforceable.

 

Business debt also likely to be statute barred, but can you say exactly what it involves e. Rent, goods purchased.

 

As you know creditors and debt buyers can lie about matters claiming all sorts of legal positions which are false. So don't go making payments for these old debts. If they can take it to court, why have they not done so after all these years. They probably can't.

[pawnbrokers]

Thanks, you confirmed my thinking and I have disgarded the item concerned.

Second question I may not hàve made clear.

Have old bank debt, I always thought unclaimable because of limited status. This old debt won't go away, but now over the six years, again no payments from me, but now quite a sum of PPI has appeared and they want my permission to pay off this old account. It's over the 6 years. They are maintaining it was a partnership, I have a copy letter disproving this ,but imnot clear on what happens to an out of date debt, its not enforceable, but does it still exist??and how?? And when does it stop existing and become. Write off therefore no debt??

Would be glad of enlightenment thanks so

[fkofilee]

Once 6 years has expired, no payment can extinguish the barred status

[pawnbrokers]

This, that's another fear to bed, but legally when if ever will the debt be written off or is the bánk going to keep it in its computer store forever and therefor always be àble to clàim payments meànt for me??

[fkofilee]

Right to offset only applies if you bank with them or a subsidiary...

[unclebulgaria67]

Thanks, you confirmed my thinking and I have disgarded the item concerned.

Second question I may not hàve made clear.

Have old bank debt, I always thought unclaimable because of limited status. This old debt won't go away, but now over the six years, again no payments from me, but now quite a sum of PPI has appeared and they want my permission to pay off this old account. It's over the 6 years. They are maintaining it was a partnership, I have a copy letter disproving this ,but imnot clear on what happens to an out of date debt, its not enforceable, but does it still exist??and how?? And when does it stop existing and become. Write off therefore no debt??

Would be glad of enlightenment thanks so

 

I think i would write back asking for the PPI refund as a cheque payment made out in your name and refuse permission for it being applied to the old account. The PPI refund is due to a miss sold insurance product and nothing to do with account as such.

 

In regard to the accounts which are in debt, these are statute barred so cannot be enforced in court. Not sure why they are raising issues about partnership. They had 6 years to enforce the debt and have not done so.

[pawnbrokers]

Partnership issues raised because I have argued for years that it was not a partnership but Ltd comp. Bank have always maintained it was a partnership. Im sick because if I had known they considered the accounts partnerships then I would have claimed the charges back on the accounts. The bánk charges were very very high. But that's another story.

Suffice to say I'll write to the bánk and refuse permission for anything due to me to be paid elsewhere. I'll see what they say.

But still no one says what happens to these old accounts. They are supposed to be taken off credit reference files, but what do the banks do,

I'm sure they get written off as a bad debt, but no one here seems to say so!

 

Thanks for help anyway

[unclebulgaria67]

Partnership issues raised because I have argued for years that it was not a partnership but Ltd comp. Bank have always maintained it was a partnership. Im sick because if I had known they considered the accounts partnerships then I would have claimed the charges back on the accounts. The bánk charges were very very high. But that's another story.

Suffice to say I'll write to the bánk and refuse permission for anything due to me to be paid elsewhere. I'll see what they say.

But still no one says what happens to these old accounts. They are supposed to be taken off credit reference files, but what do the banks do,

I'm sure they get written off as a bad debt, but no one here seems to say so!

 

Thanks for help anyway��

Old unenforceable debts do get written off and they won't appear on credit records after 6 years. They are not recorded in any way as a black marker, as they are not allowed to do that beyond the limitations period.

 

But you can never rule out Banks sellng old debts to debt collection agencies, who may try to chase to see what luck they have.

[pawnbrokers]

That's what I needed, thank you will now be more aggressive in my next missive.

Cheer's my dears

[dx100uk]

No the other way around

 

If you know debts to be unenforceable or statue barred.......why

Enter into pointless letter tennis?????? Ignore them totally.....!!!

 

If anyone was stupid enough to file a claim

They'd lose hands down.

 

Just remember in e&w SB simply means any judgement would be time barred

They can ask for payment

You can ask them to go away

 

No letter tennis!!!!

 

Dx

[pawnbrokers]

Bank agreed two quite large amounts of repayable PPI

 

sent me settlement letters and told me they were keeping it and transferring cash to their collection dept to go against these old debt,

 

That's a damn chocker, but even though statute. Barred they still maintain they hold an old debt and have a right to offset these sums.

 

Any thoughts on there that I may have a chance of getting something

[dx100uk]

Nope

A statute barred debt in e&w still exists

Just simply removes judicial enforcement option

 

Unless they have sold the debt and thus their rights

 

Dx

[pawnbrokers]

Thanks..