To not repay 20 year old debt?

phonecallfromtheblue · 2024-05-20T14:44:15+00:00

I’ve just had a phone call from a debt collector (seems legit enough) about money I owe. It’s true and I did have a store card in 2004 when I was very young and stupid. Obviously it’s now twenty years later and I think contacting me about it now is ridiculous. I get that morally I might be liable but surely legally I’m not after this amount of time has gone by?

divinededacende · 21/05/2024 13:01

NewName24 · 20/05/2024 16:43

Why not ?

A loan is a loan.
One person lends, one borrows.
Either way, the contract (whether written, verbal, or implied) with ANY loan, is that the borrower returns what they have borrowed, to the lendee.

You're right but a contract is something governed by law and both can have responsibilities under that law. In this case, the lender has messed it up. Morally, you MIGHT be right but people assign different ethical considerations when dealing with person vs. corporation than they do to person vs. person. That's why contracts are legal instruments, not moral ones.

sterli2323 · 20/05/2024 21:54

Ritadidsomethingbad · 20/05/2024 19:47

If the creditor has applied to court for bailiffs you might have too

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt/#:~:text=There's%20no%20time%20limit%20for,before%20they%20can%20use%20bailiffs.

They are not in a position to instruct bailiffs. This debt is time barred and unenforceable .. their phone call means nothing and they know it.

Original poster

phonecallfromtheblue · 20/05/2024 20:09

Ritadidsomethingbad · 20/05/2024 19:47

If the creditor has applied to court for bailiffs you might have too

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt/#:~:text=There's%20no%20time%20limit%20for,before%20they%20can%20use%20bailiffs.

That clearly and repeatedly says that for most debts it’s six years though. This is more than three times that!

OP posts:

StMarieforme · 20/05/2024 19:54

I have the same. It's a 22 year old debt that my late ex husband forced me into (DV) as I was the main earner, for car finance. He's dead so they chase me for it. I get calls and letters but I just ignore them. That man nearly killed me, broke me emotionally and financially and I will not succumb to any of it now.

Ritadidsomethingbad · 20/05/2024 19:47

If the creditor has applied to court for bailiffs you might have too

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt/#:~:text=There's%20no%20time%20limit%20for,before%20they%20can%20use%20bailiffs.

Check if you have to pay a debt

How to check liability for a debt, including time limits on debts and how to challenge a debt you think you might not be liable for.

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt/#:~:text=There's%20no%20time%20limit%20for,before%20they%20can%20use%20bailiffs.

MsJacksonIfYoureNasty · 20/05/2024 19:41

https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

CONC 7.15 Statute barred debts - FCA Handbook

https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

BrightonFrock · 20/05/2024 19:27

Argus sold that debt for pennies to a debt collection agency who you never signed any agreement with.

Yep, this 100%. For anyone worrying about the morals, Argos will be in the exact same position financially whether OP pays in full or doesn’t pay a penny.

CoffeeAndPeanuts · 20/05/2024 18:36

But do what @DejaMooo said, she's far more sensible & knowledgeable!!

CoffeeAndPeanuts · 20/05/2024 18:35

phonecallfromtheblue · 20/05/2024 15:51

Thanks. I’m reluctant to pay anything towards it as that would then make it ‘live’ again, wouldn’t it?

Yes, it would, personally I'd just give it a stiff ignoring.

DejaMooo · 20/05/2024 18:35

Yeah definitely statute barred. There's a good template letter on national debt line which doesn't acknowledge the debt but sets out the legislation. I used to be a debt adviser - if they keep contacting you send the letter and they'll go away.

nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/

Martinii · 20/05/2024 18:34

How much is the debt op? just being nosey

ginasevern · 20/05/2024 18:31

Do not pay. Do not agree to pay or acknowledge the debt in any way, especially in writing including email. Once you acknowledge it, it will be live again.

PerkyPanda · 20/05/2024 18:28

Agree with previous posters the legal time to chase the debt, 6 years, has long past. Might be worth reporting debt agency to the FCA.

TomatoSoz · 20/05/2024 18:23

Previous debt advisor here. Ignore it. They are chancing.

brentwoods · 20/05/2024 18:09

Ignore. It's not enforceable. You wouldn't be paying back the original debt anyway. This collection company bought the debt for pennies and any money they can get out of you becomes their profit.

Yalta · 20/05/2024 17:13

NewName24 · 20/05/2024 16:43

Why not ?

A loan is a loan.
One person lends, one borrows.
Either way, the contract (whether written, verbal, or implied) with ANY loan, is that the borrower returns what they have borrowed, to the lendee.

Because there are laws and contracts around this sort of thing.

Don’t admit to the debt.

Even if the debt was less than 6 years old in order to take you to court they need to show the original signed credit agreement to show the terms of the “loan” I.e what interest they were charging etc

without that they can’t even begin to take you to court because no one knows the terms you agreed to

Redlarge · 20/05/2024 16:55

Dont pay anything or engage with them

RausageSoul · 20/05/2024 16:55

Argus sold that debt for pennies to a debt collection agency who you never signed any agreement with.

There's a great template letter online that basically says this and you would like the proof please. You'll get one back saying sorry x

yumyumyumy · 20/05/2024 16:53

No it's not enforceable after 6 years. Check on moneysaving expert the word ring you have to use, I don't remember. I called a debt collection company that tried chasing me after almost 15 years telling the debt wasn't enforceable and then agreed, and I haven't heard from them since

Allofaflutter · 20/05/2024 16:53

It’s not even like his name is common, not John Smith or anything, so it was weird. His name is quite unique. But obviously there must be another but slightly older.

Allofaflutter · 20/05/2024 16:51

my dh got a debt letter saying he took out a credit card in 1988 so and now he had to pay. Two things he didn’t. And even if he did he would have been at primary school so the credit card agreement would be void as he was vastly under 18! Bizarre chancer debt collector. He called and told them both things. Nothing since. A it’s statue barred and B I bet they don’t have the original agreement either so can’t actually prove it.

Londonrach1 · 20/05/2024 16:51

Id talk to citizen advice but I was chased for a gas bill 8 years and tbh a few rental properties ago. I'd chased them for final bill at the time but gave up after a year. They wrote the bill off saying too long ago to enforce it.

Silvesterthecat · 20/05/2024 16:50

Look on moneysavingexpert forum (Martin Lewis) it’s really good for the correct facts.

x2boys · 20/05/2024 16:48

NewName24 · 20/05/2024 16:17

What would you have done if someone contacted you, wanting to repay you money you were owed since 2004 ?

I'm.sure the Op.would be delighted but that's not the point is it?

sterli2323 · 20/05/2024 16:47

SquirrelRed · 20/05/2024 15:53

Yes it would

Show quote history

No it wouldn't - once a debt is statute barred, nothing can reset the timer.
OP just ignore it - they know they have no legal redress to collect this, they are just chancing that you don't know that.