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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:
SantaBabyBeenAnAwfulGoodGirl · 22/12/2007 13:37

a lot of people cant go bankrupt for one reason or other but it is one of the paltry few advantages of not having much in your position that u actually probably could so maybe you should think about it

if the debt is 8k

and no one will really know and im sure if they did they wouldnt be that ointerested

Original poster
nutcracker · 22/12/2007 13:37

My mum is a huge support, and to be fair never really says anything about any of the choices I make, she does wish though that I would sort myself out a bit.

I don't think I am depressed, more frustrated I think.

I will definatly pursue the debt limitations act with these 2 companys as I am sure from ehat I read that I am right and they are wrong.

OP posts:
ScruffyTeddy · 22/12/2007 13:38

I know what you meant nutty, its not buying to keep up with the Jones's. Its trying to not be a stereotypical single mum. When we are in a partnership we live by our means, we have luxuries we can afford. Then suddenly, you're on your own and it all goes to hell.

As lone parents we're already open to so much critism so you try and do your best to be the better person. As threads on here in the past have screamed "have these people no pride!".

Well yes, you do and that's why you're trying to get yourself out of this position without the bankruptcy route. Nothing wrong with that. You should feel proud that you care, and that you're trying.

MellowChristmasEveryone · 22/12/2007 13:39

My debts are around the same amount nutty.

Please don't let them get you down. Make a firm plan to go see CAB in the New Year and they will help work out what would be best for you to do in this situation.

You are still young, you have many years left in which to work, right up until your 65!!!

Right now you are staying at home caring for your DC, nothing wrong with that at all imo.

Original poster
nutcracker · 22/12/2007 13:41

I do have to say aswell, that since 2000 I have paid of loads and loads of debts that xp ran up with council tax and only recently paid the last bits off. I have also paid off other bits and bobs that were left hanging around when we split up.

I do honestly want to give them their money back and if I had the funds in my bank account right now they could have them and i'd feel fab about handing it over.

OP posts:
ScruffyTeddy · 22/12/2007 13:43

"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 ?"

Nutty ive done that and im there now but it took a hell of a long time to get there. It was hard going and I felt just like you do. I was willing to give up. Its going to happen. Im also aware that at any time I could be made redundant and the whole sorry struggle would start again. There is nothing wrong with you personally Nutty, just a run of bad luck/circumstances.

SantaBabyBeenAnAwfulGoodGirl · 22/12/2007 13:44

and sorry that i cant seem to say the right thing even tho i am trying...i do know where you are coming from

Original poster
nutcracker · 22/12/2007 13:51

My comment about job hunting wasn't directed to you Santababy. I am very grateful for the advice honestly.

OP posts:
Original poster
nutcracker · 22/12/2007 13:53

I just constantly feel like I am letting either myself or my kids down with how our lives have become.

I know only I can change it, i just still haven't figured out how.

OP posts:
SantaBabyBeenAnAwfulGoodGirl · 22/12/2007 13:56

hey dont get down ...you had a good time going to peter pan..you will have a nice christmas

this will get sorted

and we will go out in the new year sweetheart

Original poster
nutcracker · 22/12/2007 13:57

Thanks

I am determined to have a nice xmas, and I am looking forward to it as my brother and his girlfriend is staying over which the kids are mega excited about

Oh and i am going out for new year . Last time I went out for new year was 2000 and that was with the kids.

OP posts:
CarGirl · 22/12/2007 13:57

well your dc are getting older so hopefully it should get easier. Please stop giving yourelf a hard time. Remember bringing up chidren is a full time job anyway. Of course if you get rid of the debt you will actually be significantly better off by working - otherwise you're right if you earn you will have to pay back more which means you end up working for nothing!

SantaBabyBeenAnAwfulGoodGirl · 22/12/2007 13:58

you will sort it you are more than capable of doing that as you know and that is the kind of mum your kids have...you cope and know how to do stuff

LIZS · 22/12/2007 13:59

You're letting noone down . Perhaps you just try to take on too much at once and set the bar too high for yourself to realistically achieve. Get these sorted out first and then look to move on perhaps towards working, one thing at a time. You may well not be able to do this alone, get some objective advice and help and hopefully things won't seem so bleak.

foxythesnowman · 22/12/2007 13:59

IME debt companies want to see you are serious about paying the debts, no matter how much they get per month. If it results in a County Court Judgement they may still only get £1 a month and it helps no-one so its best for everyone not to.

The first thing to do is to account for all your incomings/outgoings. Write down absolutely everything, every coffee, magazine, TV licence, everything.

Take this to CAB/CCCS with you as a starting point - it will save time there.

Or, you can contact the companies directly, and present them with a repayment proposal. Even if its £5 a month for XXXX months, it shows them you are responsible and willing. It counts for an awful lot.

When you speak to them, agree this is the amount and no additional costs/interest will be added on. You can then make an offer of how much to pay back and set up a direct debit. No matter how small.

Remember they deal with this everyday. The worst thing you can do is ignore debt, and you aren't, so well done - the first step is done. Now you've got to take charge of it and do something positive.

I have only just, after 6 years, got myself out of the debt I took on (responsibly as I was working) but a surprise pregnancy threw a spanner in the works. It feels good to have paid it all off, slowly, but its done. And I won't run up debt again.

Good luck, don't let it spoil your Christmas, but resolve to take charge and be positive!

FairyTaleOfNewYork · 22/12/2007 14:00

your a good mum, remember the thread the other day about your kids taking care of you when you feel asleep and washin up. you have riasded some lovely kids. be proud.

Original poster
nutcracker · 22/12/2007 14:00

Dd2 is desperate for me to get a job........why ?.......... because she wants to have packed lunches instead of free dinners LOL.

I will hope that perhaps next year might be nice to me, I know that I will have to sort alot out though for that to happen, but I am willing to try.

OP posts:
Original poster
nutcracker · 22/12/2007 14:02

Oh Misdee that made me well up, thank you

OP posts:
FairyTaleOfNewYork · 22/12/2007 14:02

lol, my dd's say that as well.

SantaBabyBeenAnAwfulGoodGirl · 22/12/2007 14:04

here's to a happier year next year all round nutty babe

Pk616 · 22/12/2007 14:07

nutcracker - Ihaven't read all of this post but from what I gather you are currently unemployed and struggling to pay off various bills at the moment and then some old long forgotten ones raised their ugly heads.... Did I get it right? Hope so, anyway, If it was me I would go bankrupt. It doesn't stay on your credit record as long as it used to and it makes borrowing in anyway a night mare for the next few years (your credit rating sounds like it should be shot to pieces anyway) but you'd have a hell of a weight lifted off your shoulders and your debts would be delt with, permanently.
Go to your CAB in the new year and discuss it with them.
What ever you do try not to get yourself further in debt, this will not solve anything!

llareggub · 22/12/2007 14:57

What sort of work do you want to do? Perhaps we could give you advice about that, rather than how to declare bankruptcy?

I see you are in brum. Have you tried the council for work?

Agree about CAB.

Original poster
nutcracker · 22/12/2007 15:02

Have tried local council, other councils, local hospital, local shops etc etc.

There aren't many places that I haven't tried.

OP posts:
llareggub · 22/12/2007 15:04

Can I help with application forms, CV prep, interviews etc? Am in Warks so fairly close to you.

ska · 22/12/2007 15:05

have you thought about childminding - its at home and you do what hours suits you