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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:
Original poster
nutcracker · 22/12/2007 12:13

I think to make any sort of arrangment I need to be working. Bit backwards really, as if I was working i'd not be in such a mess in the first place.

OP posts:
WendyWeber · 22/12/2007 12:16

No you don't, nutty.

CONTACT CCCS! PLEASE!!!!!

morningpaper · 22/12/2007 12:22

Yes, a day's research and contacting people and you could be repaying ALL your debt AND have more money at the end of each month. Not taking action is MADNESS nutty. Set aside a day VERY SOON when you WILL sort this out. You can do it.

Freckle · 22/12/2007 12:25

There has been no contact if you did not receive the letters. Simply putting them in the post does not count as contact.

Write to them stating that you do not owe any money and that any debts dating from over 6 years ago are statute-barred. State that you have had no contact with them in the last 6 years and have at no time acknowledged the debt.

All they can do is issue court proceedings and the court will not give judgement for a debt which dates from over 6 years ago and which you have not acknowledged in the intervening years.

LIZS · 22/12/2007 12:28

Nutty, there is nothing to lose by investigating options with CAB or CCCS. They may even be able to get some written off for you and reallocate your limited resources to cover all the outstanding balances.

As to the course, go to an agency or college Careers Adviser and ask them what skills you'd need to get into work. There may be short courses starting in January in office skills, Word etc which are subsidised or free and could at least make you more flexible to employ, even if it isn't initially in the field you want to be longer term. Temping, either via an agency or for a company, doesn't necessarily have to be as short term or casual as you seem to think - there is maternity cover of up to 9 months for example.

VVVExcitedAboutChristmasQV · 22/12/2007 12:28

To be a childminder you can get various grants to help you set up. You could use that to make your garden etc suitable. Look into it.

Why not go bankrupt? You have nothing to lose. You have no job, you dont own a property or a car. It will take the pressure off entirely. You'll be tied a little for a few years - but your debt with barclays would be hanging over your head for 10 years anyway so what's the difference?

Life is hard nutty. Falling at the first obstacle in something doesnt mean you are beaten entirely. You really need to deal with these self-esteem issues you have.

hatrick · 22/12/2007 12:56

This reply has been deleted

Message withdrawn

Original poster
nutcracker · 22/12/2007 13:01

I'd just feel crap going bankrupt. I know it sounds silly, but I already really struggle witht he fact that I fit such alot of what people think of when they think of single mums and going bankrupt would just make me feel, well I dunno even more of a failiure.

I will ring CCCS but wrt the Barclays loan I have to be very careful as my bank account is with them and they will just take the money anyway. The first payment of the £104 went out today, this was after I told them I cannot pay it, they took it anyway.

I have tried to open a new account with other places but have been turned down.

I am registered for 2 short admin courses starting in Jan but apparently they need a min of so many people to join before they secure a tutor for the course and as of yet they don't have enough so might have to try elsewhere to do those.

OP posts:
CarGirl · 22/12/2007 13:05

Nutty try to put aside what you think others may think of you. Put you & your children first if going bankrupt will improve your lives then seriously look at doing it. Personally I get annoyed with people who earn well, live too well, have everything and then declare themselves bankrupt!

Original poster
nutcracker · 22/12/2007 13:12

Oh if only I could do that Cargirl, what others think about me, what I do, what desicions i make etc for some reason really effects every single bit of my life and as much as I try to not care what people think, I just can't.

OP posts:
CarGirl · 22/12/2007 13:14

so who are these people that are expressing their thoughts about you to you?

Original poster
nutcracker · 22/12/2007 13:17

Well no one does really, I just feel like I have to be seen to be doing everything right, although it often has the effect of making me muck everything up.

I honestly could say that I don't get through a day without at least once, thinking what others will think of me before I make a desicion about something.

Makes me sound big headed, like I think everyone is bothered what I do.

OP posts:
Freckle · 22/12/2007 13:17

If bankruptcy is really the only viable solution, do consider it. Yes, it will be publicised in your local paper, but how many people do you know who read that particular section of your local rag? The official receiver doesn't come round and erect a banner on your house declaring your status.

Some people will find out, yes, but good friends should remain that. Most people know that you are a single mum on benefits who was left with problems by your ex. I doubt many would judge you harshly because of that.

However, do go and see CAB. They may be able to get your debts written off for you. They will certainly be able to deal with the debts which have suddenly appeared again.

hatrick · 22/12/2007 13:21

This reply has been deleted

Message withdrawn

CarGirl · 22/12/2007 13:22

Okay in that case give yourself a good talking to. TBH I really don't ever think about other peoples financial status or lack of it etc I'd far rather friends went bankrupt, sorted themselves out & moved on in life then whinged (not saying you do but I have family that does) about not having any money but not doing anything about it.

Peraps sometimes being responsible is accepting that you can't afford something?

FairyTaleOfNewYork · 22/12/2007 13:22

peter went bankrupt as i said further down (i thjink) tbh it was a good thing as it meant a lot of his stresses went. the money problems were from when he was earning and then fell ill. the judge said it wasnt a case iof living beyond means at the time, but more of a change of circumstances.

MellowChristmasEveryone · 22/12/2007 13:27

I am not sure you should go bankrupt for such a small amount. I know this amount may seem huge Nutty but you can pay these off a minimal amount each month and they can do no more.

I would look into WW link before going bankrupt. Most companies will not make you bankrupt until you owe then over £3,000.00

You can declare yourself bankrupt but you have to be owing a certain amount, iirc.

CAB are great. I have debts which I ran up when ill after having DS2, I am still awaiting someone to send me the papers so I can declare myself bankrupt. Its been 3 years now and still I only ever receive threatening letters.

Get some advice from CAB.

I am also on Incapacity Benefit and called a company who said as my loans/debts were unsecured...I could pay them £100 for 3 years and they would act as Trustees and negotiate my debts.

Unfortunately I cannot do this as 1 of my loans is tied in with my DH.

ScruffyTeddy · 22/12/2007 13:27

Nutty, CAB can be really good. My friend had one of the same kind of letters and nothing has ever come of it. Was it from something Hall or other (cant quite remember the company name) if it was, they have a really bad reputation and can be dealt with.

Or could you get a loan from IS, these are no interest AFAIK and will just be taken from your benefit at a few pounds a week, maybe make some payment to keep them sweet for a while.

I know exactly where you're coming from not wanting to go bankrupt. I also know temping jobs do not pay when you're a single mum and can make you very much worse off. One housing benefit overpayment to that account and you'll be in worse debt so do not go down that route if you can help it.

Please dont let this ruin your Christmas because ive known so many other people in this position and they've worked it all out just fine. I will ask my friend for you how she went about it as she was in exactly the same position when her husband left her.

I know how you feel about being kicked down and never getting straight, dont be too harsh on yourself its not your fault

Original poster
nutcracker · 22/12/2007 13:28

Oh i didn't mean that I care what people think about what I have, that actually doesn't bother me at all and I certainly do not buy stuff that I can't afford to keep up with the Joneses, don't belive in that.
It's more about that i need them to think that I am doing my best in every area of my life when really I am not at all.

I wish with all my heart that I could find a job or a course that I wanted to do that meant something to me, but I just always feel so lost and like at some point something will have to give so why bother.

Very defeatist attitude I know.

I think I have said before, but I have an aunt who has always been a single mum, since she was 19 and has never ever worked with no good reason for her not too. She is now in her mid forties, and has no intention of ever working. I know that people in my family see me as being the same as her and I hate that.

OP posts:
Original poster
nutcracker · 22/12/2007 13:31

The companys are Capquest and Thames Credit Limited, which I have never heard of before.

My total debt inc the Barclays loan and these 2, plus whats left of my provident loan is about £8000.

OP posts:
CarGirl · 22/12/2007 13:33

I hope you didn't misunderstand my post. By getting rid of all of the debt £7k in total it will make it easier for you to return to college and/or get a job. This in turn will show your family that you're not like your Aunt. It seems perhaps there is subtle pressure from your family that they see you in the same light as your aunt?

Original poster
nutcracker · 22/12/2007 13:33

There are loads of single mums on here who manage to hold down a job, do a course and stay in control of the rest of there lives. Why can't i be like that ?

OP posts:
Original poster
nutcracker · 22/12/2007 13:35

They never say it Cargirl, but if ever a conversation starts about people being on benefits, my name and hers always crop up like they think I am just another one of her and will never amount to anything. Her elder dd is also now a single mum of one, but she works and so she is never thought of it any way other than being fab.

OP posts:
CarGirl · 22/12/2007 13:35

are you depressed? YOu don't sound like you have much RL support from either friends or family. RL support makes a huge difference.

ska · 22/12/2007 13:36

go to cab i'm certain that debts over 6 years can't be pursued

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