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Original poster

Please can someone advise me-just received a horrid letter regarding an old debt

33 replies

soveryworried · 12/11/2007 12:08

I received a letter this morning from a debt collection agency saying they are now the owners of a Royal bank of Scotland credit card debt and have been since 2004.

I have never had a royal bank of scotland credit card.
I rang them up and it turns out its from a tesco credit card i had in 2000.

I was totally floored to be honest because they are saying it has taken them 7 years to find me !

I said i haven`t hidden from anyone. I took a mortgage out in 2004 and if i went onto any credit reference file it would take me approx 5 seconds to find myself and i have little knowledge of such things !

I cant imagine ever just not paying 541.00 then moving house and forgettig about it.

I said i wouldn`t dispute it but could i have a statement because i genuinly cant remember owing this money -no they say now they have traced me it is registered as a default and if i dont pay it i will be in court .

So its taken them 7 years to find me,no letter, no phone call-straight to court.
There is no way i could find 500 pounds at this time of year.Its my whole budget for 3 kids and christmas.

I dont want a county court judgement or for them to contact my work.
Are they allowed to do this.
Its made me feel awful-we had debts years ago and just this letter has completely floored me and brought it all flooding back-the stress and panic and feeling like i dont deserve anything ect >

Any advise would be most welcome and i`m not looking to get out of it but just cant believe this has happened.

OP posts:
dd666 · 12/11/2007 12:13

get in touch with cab or see if you can arrange a payment plan hth

fortyplus · 12/11/2007 12:14

Do you think someone else has used your card without your knowledge?

Original poster
soveryworried · 12/11/2007 12:20

I suppose someone could have used the card-thats why i asked for a statement but she couldn`t send one.
I could try CAB dd666 - can you use an out of town branch as i know everyone in our town and its very private.Would i be better seeing a solicitor ?

OP posts:
Hekate · 12/11/2007 12:21

I'd be very alarmed that they are refusing to give you details. Be careful it's not a con! Do not just hand over your money. Tell them that you do not recognise this debt and they must provide evidence. They cannot just say you owe X and refuse to give more info!!

Tell them to either give you the info or take you to court and you will explain to the court that all you asked for was clarification, which the company refused to give you.

Deby collectors love to scare people with court!

You need the CAB.

Hekate · 12/11/2007 12:22

Also, check with Tesco - they will have records of a debt and who they sold it to.

controlfreaky2 · 12/11/2007 12:23

you need to speak to someone at rbs not foul debt collection people. explain to them what you have explained to us..... ask for paperwork (they can hardly take you to court for debt iof they cant prove you owe money!).... and tell them you will contact them to discuss further once you have proof of debt.... lay on with trowel how VERY upsetyou are to be treated oin this bullying fashion and how distressed you are at implication you have been "hiding" from them....

point out taking you to court will be time consuming and there is no need to progress to that (last) step at this stage.

once they prove debt then you can think about how you are going to pay,,,,, instalments of so much a month over long period..... they've waited 7 years for god's sake!

how horrid. good luck.

dont be intimidated. do get some advice from cab....

v unlikely they'll sort this before xmas!

Zazette · 12/11/2007 12:23

what Hekate said, but put it in writing and keep copies. Don't just do it over the phone

Original poster
soveryworried · 12/11/2007 12:23

Thats all i was asking for hekate-=just some evidence that the debt really is mine.

How come my mortgage went thro so smoothly in 2003 if i was seemigly 3 years behind with a credit card payment !

OP posts:
fortyplus · 12/11/2007 12:23

How about contacting the card provider? They have sold on the debt but that doesn't mean they won't still have your records.

Original poster
soveryworried · 12/11/2007 12:25

Controlfreaky2-i will contact rbs direct but thats another worry-my husband now works for RBS AND he had a breakdown when we were in debt years ago-i daren`t tell him he will freak that work will find out.

OP posts:
Hekate · 12/11/2007 12:26

Quite. Do NOT acknowledge the debt. Make them prove it to you. And do not be scared by talk of court. Courts are unimpressed with unprofessional bullies.

bookthief · 12/11/2007 12:26

Have a look here.

If it's as simple as them not contacting you for this long then they may well not be able to proceed because of the length of time anyway. (greater than six years)

These debt collection companies will try it on though as this is how they make their money.

bubblerock · 12/11/2007 12:28

I thought debts were written off after 7 years but I may be wrong. Definitely don't admit to the debt and ask for the original agreement to be sent to you.

Buda · 12/11/2007 12:28

I would be a bit concerned that first they say it is a RBS credit card and then a Tesco credit card. It sounds odd to me.

bookthief · 12/11/2007 12:30

Tesco Finance = RBS so that might explain the confusion.

Buda · 12/11/2007 12:32

Ah - OK. They should still know the difference though.

Have you moved around a lot since? Can you check your credit report yourself? As you point out you haven't exactly been hiding! Are you on the electoral roll?

Winetimeisfinetime · 12/11/2007 12:35

As far as I know there is a 6 year limit for them to collect a debt from you - if this relates to something from 2000 then i think it would be 'statute barred'. Have a look into this as it would seem to apply in your case. Like others I am also concerned that this sounds like it could be a con but even if not if it is not I think as it is so old you should be ok.

Original poster
soveryworried · 12/11/2007 12:37

Buda i am on the electoral roll and i regularly check my credit reference-as i said i could have found myself at anytime over last 7 years within seconds.
I moved once.
Book theif-that is absolutley fab.The letter attachment is perfect and according to the website they wont be able to chase me after 6 years as long as they haven1t been in touch ect.
Some good news which is very reassurring.
Thank you everyone for all your brill advise i really appreciate it.x

OP posts:
Winetimeisfinetime · 12/11/2007 12:38

Bookthief got in ahead of me and with a link as well !

Lolly68 · 12/11/2007 16:00

As Winetimeisfinetime said if a debt is more than 6 years old it is statute barred if you have not paid anything to it within that time. Lots of these debt agencies buy old debts for a few pennies and then chase people up threatening all sorts.

If you have made payment over the past 6 years then you can apply for a copy of the credit agreement you originally signed. What collection agency is it?

lalalonglegs · 12/11/2007 16:11

It sounds like a scam. Even if they did take you to court, unlikely to be get a judgment against you because they are behaving so unreasonably - asking for details of debt in writing is perfectly correct and should be the very first thing that they do. REFUSE TO PAY AND GET SOME ADVICE FROM CAB - it takes several weeks to get the cc date so you have time on your side.

colditz · 12/11/2007 16:13

nnnoooooo I think this is a scam. they cannot take you straight to court. ask them for a pproper address to send the money to - bet they haven't got one

saadia · 12/11/2007 16:20

Similar thing has just happened to us. A few years ago someone opened loads of mobile phone accounts in dh's name. We thought matter was dealt with, phone companies sent apologetic letters and then last week we were told "debt" has been sold on and collection company sent us threatening letter. I was very angry and upset, not sure now what our position is as all staff in these companies and mobile phone companies seem utterly incompetent. Anyway, I am writing to mobile company and have written to collection company and hope things will be sorted.

roseblade · 22/11/2007 21:39

This exact same thing happened to me when I was pregnant about a year and a bit ago.

Absolutely horrible shock, it was from a debt collection agency who said they owned a debt I owed to a water company from, get this 2006!!!

The thing is at that time I did accrue some debts (was a student in London living on £90 per week at the time and ended up in a bad way with depression for various reasons).

Being a student etc etc I had moved numerous times over the years but like you have always been on the electoral roll, its just no-one really bothered to persue the debt at the time. When I got that letter it was like my 'past'(lots of bad memories and feelings about myself) came flooding back and I ended up just ringing the company and paying the debt.

I asked for something to say it was paid but, predictably never heard a thing. I plucked up the courage to tell my DP a few days later, had to as he knew something was wrong. he was realy angry, not that I had had money problems all those years ago but that I paid it without telling him and possibly to a company that had no right to ask for the money anyway.

I had a feeling there may be some sort of limit on these things but was so upset I just payed up.
Anyway, my advice is to do what others have suggested and get some proper advice, which Is what i should have done!!
And please don't feel bad, I think that this business of 'selling debts is disgusting, there is a staute of limitaions on most crimes for gods sakes and if they are not inclined to sort things out at the time then they should let it lie.
All the very best x

roseblade · 22/11/2007 21:40

Sorry debt was from 1996 not 2006,hence why such a shock!!