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Original poster

I am suddenly being chased for really old debt

136 replies

nutcracker · 22/12/2007 09:39

Basically in June 2001 the house I lived in with Xp was reposessed as he gave up his job, and we left.

At the time I owed money to a couple of catloges and 1 credit card.

Basically, I never informed them of change of address etc which yes was wrong but we had much bigger higher priority debts to pay off and couldn't cope with them all.

Anyway, fast forward 6 and a half years later and now suddenly they all want their money. I have had 2 letters from debt companies saying I owe money, one for £533.36 and one for £397.30.

I rang one of the companies asking when the debt was from and he said 4 years ago. I said i think you will find it has been over 6 yrs and under the debt limitations act you are not allowed to chase me for this money. He said no thats incorrect. Apparently if they have tried to contact me over the past 6 years, wether i recieved the letters or not then that means that it hasn't been 6 yrs since the last contact and so the debt limitations act won't apply.

The company I just spoke to have said they will send me copies of all of the lettes I have been sent.

So now what ?? I am in a wose financial position now than I was all those years ago so there is no way I can pay any of it, I am struggling as it is.

I have just had enough of this. I know I borrowed the money etc but it wasn't just stuff for me, it was mainly stuff for our home but obviously as it was all in my name only I will be chased for it and xp won't have to pay a jot.

I am sick of never being able to get straight. If I have to pay this off there will be no point in me looking for a job anymore because if I get any extra money I will end up paying it out.

OP posts:
CarGirl · 22/12/2007 09:41

can you pursue an IVA for your debts? You need to visit CAB

CarGirl · 22/12/2007 09:42

look on moneysavingexpert there will be advice on there (somewhere!) about whether you find it worth going down the IVA route and how do it.

Summerfruit · 22/12/2007 09:45

Message withdrawn

VVVExcitedAboutChristmasQV · 22/12/2007 09:45

Go to the CAB and get some advice.

When you are qualified and working you will be able to pay debts off - albeit slowly.

You could suggest and agreement of payments of say £2 a week. Tell them you are a student and not working, have no assets. Tell them that bailiffs wouldnt be able to remove anything of value, and it would be a waste of their money to employ one.

BoysAreLikeReindeer · 22/12/2007 09:46

Good advice there from cargirl

Hope you manage to sort something out, try not to let this spoil your Christmas

noddyholder · 22/12/2007 09:49

It is better to offer them a tiny amount and get it paid than have bailiffs etc

Original poster
nutcracker · 22/12/2007 10:05

I'm not a student anymore VVq, am nothing.

Thank you for the advice. Believe me, if i had the money I would pay it this minute. I am already stryggling to pay back a loan I have with Barclays of £104 a month, for the next 10 years. I could have let it go to cout but at the end of the day I did borrow the money.

It is too late for me to deal with it this side of xmas, so I will try and forget about it until new year.

Oh I can't get an IVA Cargirl, you have to be in employment.

I just don't see the point anymore, every time I try and sort myself out something comes and smacks me in the face.

OP posts:
Original poster
nutcracker · 22/12/2007 10:07

Meant to add that the one saying I owe the £533 have said they will look at my financial position and I can pay over 36mths which works out to just over £14 a month, which I know is not alot, but it is still money I don't have.

OP posts:
CarGirl · 22/12/2007 10:10

declare yourself bankrupt? Again advice on MSE on wether that would be suitable for you.

bookofchristmascarolsmum · 22/12/2007 10:15

Going bankrupt isn't always a good idea depending what profession you want to go into. Sometimes you have to demonstrate "financial probity" - they don't mind if you owe money as long as you pay it but having it written off altogether is a no-no for many companies. Personally, I'd try to negotiate a lower payment than £14 a month for the debt, even £1 a month is showing goodwill to paying it off eventually.

Is it possible to ask a family member to clear this debt on an interest-free basis to get it out of the way until you're more on your feet? Don't forget to check your benefit entitlements as well - you might not be getting your full whack.

CarGirl · 22/12/2007 10:18

With bankruptcy you need to long at your longer term future, are you intending to go back to work, will it be well paid, do you think you would ever afford your own mortgage etc. I'm sure MSE will have information to help you make a good decision for you whether bankruptcy is suitable for you. I@m just thinking with what you owe with Barclays your in quite a scarey situation!

Magrat · 22/12/2007 10:20

you can't run away from it nutty

and ignoring it won't make it go away

go and see the debt counsellor at CAB and get the letters sent off to the credit card companies ... you need them to freeze interest whilst you work out a mutually agreeable plan .. you need to deal with this and sooner rather than later

sorry it is awful but you can't shut your eyes to it

BandofReindeerwaitingontheroof · 22/12/2007 10:22

When you go to the CAB they will do a chart of all your ingoings and outgoings. They will then be able to see exactly how much you CAN afford. They will then make an offer to the company which they have to accept as iut is based in your in/outgoings. It may be as little as £5 a mth or somethign but it is better thanbailliff's knocking on the door.
CAB is the way to go , they wil do it all for you so you dont have to worry about phoning them and getting a gobful on the phone.

BandofReindeerwaitingontheroof · 22/12/2007 10:24

And also, one day you will make that final paym,ent and you can hold your head up high and say that you did it. It is awful when this type of thing rears it's head. But magrat is right, burying your head will onlymake it worse.

SantaBabyBeenAnAwfulGoodGirl · 22/12/2007 10:27

on the job side it may not seem it but it is worth it because you get experience and traiing and eventually promotion a better job and more pay and the kids are independent more and it works out

if you dont get a job then u will end up like me with no employment record and fuck all chance of a job a pension etc etc and think what eever happened another year gone by

xx

llareggub · 22/12/2007 10:28

I don't mean this flippantly, but have you considered getting a job? Or if in employment, a second job?

LIZS · 22/12/2007 10:30

Agree , they can chase you I think for 7 years and you have already had issue over another loan iirc. Better to give CAB (or similar) a full picture of all your potential liabilities and let them help you negotiate repayments, freeze interest or take advice as to whether you need to go along IVA/Bankruptcy route in order to get straight. It has to be less stressful than constantly worrying as to when the next demand will come.

FairyTaleOfNewYork · 22/12/2007 10:42

oh what happened to college nutty.

i would contact CAB, i had this happen to me about 5years ago, but fortunatly i was in a better finicial posistion when they persued the money and did pay it all off, and i felt so much better when the final payment went through.

bankruptcy is an option i guess, but peter took this option and it wasnt the easy option. he cant have a normal bank account, only a cash point card, which means if the cash point isnt working thn he haqs to traspe to another. cant get any credit whatsoever. in a way its easier as he cant go overdrawn and cant get into debt.

lisad123 · 22/12/2007 10:49

Dont forget if it get to the oint of balliffs coming the bill will go up rapidly. I would go to CAB, and try and come to some agreement.
Surely its better to work and have the money go straight onto debt, than not working and making yourself ill. Once debts are paid you will have the money for you
Good luck

Original poster
nutcracker · 22/12/2007 11:18

I have tried to get a job, have lost count of the amount I have applied for.

I am also not running away from this, if I were I wouldn't be posting asking for advice, i'd be screwing the letters up and sticking them in the bin.

I want to pay this, I just can't, I don't have the money.

Perhaps I shouldn't have asked, I know other people being in debt pisses people off on here.

Wrt to college, I tried to swap courses but got dropped at the last mo. Basically I stuffed up again, nothing new there.

I have tried ringing the place of the letter that arrived today but there machine says they are now closed until 27th so not alot I can do until then really.

The other place are reffereing it back to the original company to ask for all of the letters they have even sent me, so I haven't done nothing.

OP posts:
FairyTaleOfNewYork · 22/12/2007 11:27

oh what a shame about college.

if the cvompany is closed til the 27th there isnt much you can do.

i would get in touch the the CAB as soon as possiblem, with all the info possible.

do u fancy joining me i na new year job hunt?

LIZS · 22/12/2007 11:28

nutty please don't sound got at , not everyone knows on MN your circumstances. When you get the correspondence from the company arrange to take it with details of all your outgoings/income along to see someone independent to help you come up with a plan which covers it all. It is horrible if you can't feel in control and suddenly get so many set backs at once, especially at this time of year. It has to be worth your while to work if you can and CAB will be able to help you look at different scenarios.

hatrick · 22/12/2007 11:33

This reply has been deleted

Message withdrawn

morningpaper · 22/12/2007 11:35

If you already have a debt of £15,000 with Barclays, could you ask the bank to add the £900 to this and have done with it?

soapbox · 22/12/2007 11:36

Nutty - I'm not isnterested in the debt thing, but more about College.

Have you pushed to get back onto the course you were on - or onto something else. Going to college and sticking at it - may very well be your only route out of this cycle of debt!

Get onto the College and get that sorted - it really is madness to fuck this up!