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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:

lockets · 06/01/2006 15:20

This reply has been deleted

Message withdrawn

expatinscotland · 06/01/2006 15:22

Then it's not twenty years? Wait, I'm confused!

Sorry, Toothache, hope it gets sorted out for you and your DH.

I had a bankrupcy in the States myself for medical debt - the whole 'insurance' thing came and bit me in the a*se and I had NO assets and only a temp job. But bankrupcy there used to be much, much simpler to obtain than it is here and had basically no ramification at all.

misdee · 06/01/2006 15:29

i have a couple of small debts from 3yrs+ ago, i have no idea who they were actually to, and i may have paid them /(we cleared a lot of debts, i remember writing the chequers but am unsure if i sent them,) i am always waiting for someone to come knocking, just in case ididnt clear them.

if it is your dh old debt, and they are in the time limit, they i think you shuld make an offer of payment plan. one of my old debts i paid 2pounds a week on for ages, i slowly increased it upto 40per week as other debts cleared, and i cleared it last year. it felt great.

fireflyfairy2 · 06/01/2006 15:30

Toothache: I know you said that appointments with CAB are a nightmare to get, but would they not talk to you or your DH on the phone? I know my local CAB gives phone advice, they have 3 phone advisors as their appointment times are a few short hours a few days a week.

I hear what you are saying re: not wanting this to effect your lives now. IMO I doubt if they can touch what is IN your bak account, maybe they could if it is a joint account, but I understand if it's in YOUR name only they cannot touch it.. I wouldn't bet anything on it though.. It's just what I would have thought.

I hope this works out for you, despite those who think they have the right to say what the hell they want.... this site should be for help, and advice when a poster asks for advice, not a wrist slap and for other to air their own opinions.. Toothache didn't ask for opinions she asked for advice

tribpot · 06/01/2006 15:31

expat, the Limitations Act says 20 years for mortgage debt and 6 years for non-mortgage debt, I think maybe that's what you were thinking of?

National Debtline look like they have some good info, well worth a call I would think.

Hope you can get it sorted out.

ladymuck · 06/01/2006 15:36

Usually the original loan documentation will have a clause stating which country's law applies. As your DH was in Liverpool at the time it would almost certainly be subject to English law, and not Scottish law. But you need to know when the loan was due to be paid back - If it were not due to be fully repaid until 2001 or 2002 say then they can still seek recovery for part of it.

If you want full advice then go to the CAB. They will be able to give you best information on your rights.

Presumably if you rely on his income then however he pays it will affect your life somehow? Unless he has assets that you would sell or have seized in settlement.

Original poster

Toothache · 06/01/2006 15:38

Thanks Firefly, well said!!

Misdee - I think he should do that too. But I can't do it for him. We could offer to pay £40 a month or something. Thats completely manageable. But I have NO IDEA how much these loans total. I know one was for £hundreds and the bank loan was for £thousands!.... we don't even know WHICH loan they are chasing! And he has to deal with all that.

OP posts:

misdee · 06/01/2006 15:39

the one i was paying 2pounds per week for at 1st was for around 2k.

Original poster

Toothache · 06/01/2006 15:48

I think his debts were originally about 5000 (ish)... he paid them for a year.... then stopped. Don't know why, don't want to know why. I just want him to SORT IT OUT!!

OP posts:

ladymuck · 06/01/2006 15:51

If you can find out the length of the loan then that will help determine whether the loan is time-barred or not.

mazzystar · 06/01/2006 15:54

surely if you make a reasonable offer, they'll accept?

i also have a husband who thinks things will go away if he ignores them for long enough. (he was nearly arrested earlier this week for unpaid parking fines, the idiot).

better surely to make positive steps to try to pay it? better karma, no worry hanging over you? good luck

Freckle · 06/01/2006 16:14

Merely contacting them to find out what they are talking about will not be taken as acknowledging the debt. Telephone confirmation isn't admissable in court anyway, even if they record the conversation and submit a transcript.

In England the time limit on recovering mortgage debt is 12 years and 6 years for non-mortgage debt, which is probably why they are hopping up and down now. Not sure what the law is in Scotland, but it looks as though English law might apply to this debt.

Original poster

Toothache · 06/01/2006 16:16

Freckle - i think he's worried about confirming that he actually lives at this address. He's thinking that if he ignores it they will think he doesn't live here!

We're moving house in 3 weeks as well.... so he's thinking that all he has to do is ignore it until then, then he really won't be living there anymore!

OP posts:

Freckle · 06/01/2006 16:26

Well, he could always contact them saying that someone had forwarded the letter to him and he wants to know what they are on about. That doesn't confirm his current address. If he owes £0000s and the time limit is approaching, hoping they'll forget it is being rather optimistic.

TambaTheDragonSlayer · 06/01/2006 16:29

It is so easy to try and forget that you owe money and hope that the company will forget. I have done it myself and then a letter arrived saying "haha we found you!" (ok so it didnt actually say that but it meant the same) Its only for about 300 so I called them (confirming i lived at this address!) and arranged to pay 10 a month, thought it was sorted and then a letter arrives form a soliciter and collection company saying they want to take me to court for it, so now i have to call them again.. Its just a big hassel. I can understand why he is trying to ignore it, I am the same.

ladymuck · 06/01/2006 16:34

If the person who is moving in has your forwarding address won't they simply give it out? I've had this at a couple of addresses and usually want to stop the hassle. Even if the person doesn't have your forwarding address they will be asked for estate agent/solicitor etc, and will usually be keen to ensure that there is no risk of a bad credit report being connected with them.

bubblerock · 06/01/2006 16:34

Toothache - have a look at this thread someone is asking almost the same question and there are some really interesting posts on there (if you ignore the non helpful ones)

What a nightmare for you though, shame the 'baggage' they bring with them is never an unclaimed premium bond or something good

ladymuck · 06/01/2006 16:35

Sorry that post needed more commas. I'm just scared to mis-use them on here .

cod · 06/01/2006 16:36

Message withdrawn

flutterbee · 06/01/2006 16:49

I would give your DH a good hard kick up the backside for being such a prat, I bet he's not scabbling around to find any helpfull information. Shame on him.

Original poster

Toothache · 06/01/2006 16:52

Actually in all fairness, I was almost as bad when we first met! The difference is that my debt wasn't as huge.... and I was eventually made to pay it (and then some!).

And today DH is gutting the garage and making umpteen trips to the dump and did say he was going to look out his credit file he sent for AGES ago to check the dates etc... so its not like he's doing nothing. He's scared and I remember the feeling well, but I think its time to face the music.

OP posts:

hercules · 06/01/2006 17:12

There is a national debt help line that give out free advice. I'll have a look for the number.

hercules · 06/01/2006 17:14

i've found them really helpful in the past

Blu · 06/01/2006 17:29

Toothache - I agree with Ladymuck - I have had all sorts of people come to track down previous occupiers of my address - asking for details of the vendors solicitor etc, so that they can track him down - and in some cases he was only the landlord. I have given the solicitors details for the reasons Ladymuck has suggested.

Original poster

Toothache · 07/01/2006 21:41

Thanks for all the advice. I've convinced DH that he has to sort this out NOW. He's going to phone CAB on Monday before his appointment at Counselling for his anger!! He is really trying. He looked so consumed with worry last night and I remember that feeling well. I have spoken to one of my friends tonight that is in the same boat.... well actually a much more dangerous boat! She owes over a £1000 to the Council Tax from her council flat 5 yrs ago. She lives with her bf now and they have a house/car/credit cards. But all are in her bf's name. She's just in hiding!!!!

I've convinced him that its better to react to this than wait for them to take it further and react to a court judgement. I said to him that we could just get used to that fact that £50 or so of DH's wages were always going to be accounted for and we'll get used to it.

OP posts:

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