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Original poster

Debt Collectors have found DH after 7 yrs!!!! Help???

52 replies

Toothache · 06/01/2006 14:22

Right. Need some quick advice.
DH defaulted on 2 loans 7 yrs ago (before I met him). One was a Bank Loan, the other a local loans company in Liverpool.
He hasn?t heard a thing from them since I met him in 2000. He spoke to a Solicitor and wrote to them both in 2001 with his address to try to get to encourage them to chase the debt?. That was the only way he could declare himself bankrupt. But they never got back in touch. We moved a year later.

He has been on the Electoral Roll at our current address for 4 years and still has heard nothing.

Until now??. He got a card through the door this morning asking him to contact ?blah blah blah? as a matter of urgency and quote a reference number. I searched the internet on the name of the company and it?s a Debt Collection Agency in Ayrshire!

What legal powers will they have??? The house, bank account etc etc are all in my name. His wages get paid into my account?? after 7 yrs can they still arrest his earnings??????

My gut reaction (having been in this position years ago) is that after that amount of time they can still chase you for the money, but they have no legal powers at all. They can?t take you to court or arrest your earnings as they have had adequate time to chase the debt. I think its 6 yrs?

Can anyone offer any advice or info?

OP posts:
SenoraPostrophe · 06/01/2006 14:27

are you sure it's those debts? could be a mistake, so i would phone to find out.

but they can't take anything in your name and in fact can't take anything if you don't let them into the house. to get his earnings they'd have to go to court first - no idea if they would still win after 7 years.

hope you sort it out.

coppertop · 06/01/2006 14:28

Did he get himself declared bankrupt in the end? I'm no expert but surely that would have discharged the debt?

edam · 06/01/2006 14:28

Go and see your local Citizen's Advice Bureau before you contact the company. They are experts on debt collection.

Wallace · 06/01/2006 14:29

I think it is if they haven't been in touch for 8 (but not sure)years that they can't do anything.

Ask at the CAB

Original poster
Toothache · 06/01/2006 14:30

SP - No we're not worried about Bailiffs entering our house as we're in Scotland. They can only do that here with regards to Council Tax arrears thankfully!

Its the earnings I'm worried about.

He can't phone them just to find out coz thats him confirming he's here and then the time limit starts all over again.

OP posts:
Original poster
Toothache · 06/01/2006 14:36

Coppertop - No he couldn't declare himself bankrupt as they never chased the debt until now.

Wallace - I'm sure in Scotland its 6yrs? Might be wrong though. Getting an appointment at CAB is a nightmare, but he will try.

OP posts:
heavenis · 06/01/2006 14:40

Look on the National debt line web site on there it tells you about if the company who the debt is with haven't made contact for 6 years they can't reclaim the money. They also have a telephone number for advice.

ladymuck · 06/01/2006 14:42

For England and Wales they must commence action for recovery 6 years from the date on which repayment was due. When were the loans due to be repaid?

For Scotland the period is 20 years. No idea what happens when the debt is in England and the debtor has moved, but would assume that the UK law held?

mummytosteven · 06/01/2006 14:42

In England you only have 6 years to claim for debt in Court proceedings. Don't know if it's the same for Scotland but imagine so. Speak to CAB to get appropriate local advice. I don't think that your DH confirming his address etc would be enough to start the clock running again, but it might be enough to start it running again if he admits the debts (but again I have no knowledge of Scottish law). Agree 100% with Edam about asking CAB before contacting this country.

Original poster
Toothache · 06/01/2006 14:43

Ladymuck - Where did you get that info? Coz I'm in Scotland and my debt was in Scotland (1998)and CAB told me 6yrs from the date it was sold to the debt collector!!!!

OP posts:
tribpot · 06/01/2006 14:46

It's six years since the debtor last acknowledged the debt, which was in 2001?

Info here - see the part on the Limitations Act 1980, you might need to google to find out more about how this applies in Scotland.

Also take a look at this guy's website - it has some links to useful organisations (mind you, it doesn't seem to be working for me right now).

Original poster
Toothache · 06/01/2006 14:49

Thanks folks! My debtor caught up with me 5 years and 6 months after I defaulted!!! B*stards. I only owed £310 so I wonder how much it cost them to chase me! I ended up crying on the phone paying them £550 by credit card coz everytime they phoned me they were adding on another £100. For your info that disgrace of a company was called CABOT FINANCIAL, based in Kent.

OP posts:
heavenis · 06/01/2006 14:51

www.nationaldebtline.co.uk have Wales and scotland law on it too. Ring them for free advice.

Original poster
Toothache · 06/01/2006 14:51

Tribpot - Thanks, it may have been 2000 or 2001. Can't remember now. But it was about then. So its got to be 6 yrs from when he wrote those letters?

But then he wrote to the bank and the loan company..... not the debt collection agency who had bought the debt by then. Would they even KNOW he had written to the original Creditors?

OP posts:
LadySherlockofLGJ · 06/01/2006 14:51

But Toothy you defaulted, they are quite within their rights to pursue you for payment.

expatinscotland · 06/01/2006 14:52

Hey, if they're past the time limit, too bad! Let's hope that's the case.

LadySherlockofLGJ · 06/01/2006 14:54

Quite agree EPIS if it is time barred then there is nothing they can do about it.

ladymuck · 06/01/2006 14:55

You owed them money, you defaulted rather than renegotiate. They charge you for the hassle you've caused them.

Not convinced that they're that disgraceful tbh.

Who are you expecting to pay for your dh's debts? The other customers of the bank (preusmably some of them are MNers)? Or the owners of the bank (usually our pension funds)?

LadySherlockofLGJ · 06/01/2006 14:58

Lady Muck

Just what I was thinking, but I have to go and collect DS and did not have time to post a long one.

Wallace · 06/01/2006 15:05

I had 8 years in my head because dh had an 8 yr old debt, and the CAB asked if he had been contacted in that time because if he hadn't they couldn't do anything. So I guess it could have been less than 8 years. We are Scotland too.

expatinscotland · 06/01/2006 15:06

20 years?! HOLY sh*(! Remind me never to get into heavy debt in Scotland.

Original poster
Toothache · 06/01/2006 15:10

Lovely Ladymuck.

I offered to pay back my debt 6months after I stopped paying it. Barclaycard refused my offer. I went to CAB a year later to find out how to approach the debt collectors with a settlement figure and they told me... and I quote "They haven't contacted you in a year, its only £300, they probably just filed it.... I wouldn't stir up the debt".

So I tried. And then I paid it. What was disgraceful was that they intimidated me on the phone, then asked my if I wanted time to think about a payment plan. I said Yes.... they called back the next week and the balance was £100 more. They didn't tell me that by "thinking about a payment plan" for a week was going to cost me £100!!!!!!!!!!!!!!!!!!

I'm not expecting ANYONE else to pay DH's debts!!! Don't really know why the feck you're taking that attitude. I'm looking after myself and my children.... Number 1. I can't make him do anything but I don't want his stupidity to affect my life. Things are bad enough!!!!! SOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO I wanted to know if they can still arrest his earnings from my bank account etc etc! Didn't really ask for anyone to come on here and give ME a lecture on DH's debt.... and then give me stupid info that the limit is 20yrs. Was that a wee joke on your part? Hilarious I'm sure.

Sorry I fucking asked now. MN at its best eh?

Thanks to those who actually offered advice and didn't come on here for their pound of flesh.

OP posts:
lockets · 06/01/2006 15:15

This reply has been deleted

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mummytosteven · 06/01/2006 15:16

Not necessarily Lockets - but writing off debt is to do with how the company accounts are presented. What the time bar means that if the company try to sue you, but have left it too long, then they will lose at Court.

Original poster
Toothache · 06/01/2006 15:17

Lockets - I don't think it gets written off as such, but creditors have a certain time limit to take you to court. After that they can only phone you every now and then to ask you to pay it. But they have to be careful they are not classed as 'harrassing' you. There's a fine line!

Defaulting = missing more than 3 payments in a row I think.

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