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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 15:21

Will bear that in mind llareggub. Have non to fill in at the moment but will shout if I do.

I have thought about it SKA as I have been registered previously. The problem is that my house needs a hell of a lot of work doing before it would pass inspection as does the garden. I know you can get grants etc but I don't think they'd be enough to cover what needed doing.

OP posts:
llareggub · 22/12/2007 15:25

nutcracker, I know you don't know me but I am serious about it. I have helped others in the past (but not here, in RL) and I really don't mind a bit.

Original poster
nutcracker · 22/12/2007 15:28

Thank you . At the moment I have nothing to apply for but when I do I will definatly get in touch. I did a CV not long ago at the job centre so I think should be ok for now.

I will be job hunting again as soon as xmas is over (have looked today but nothing new), and obviously if the admin courses i want to do go ahead, I will update cv etc then too.

OP posts:
irishyouamerrychristmas · 22/12/2007 15:36

This reply has been deleted

Message withdrawn at poster's request.

Original poster
nutcracker · 22/12/2007 15:40

Thankyou Irish. I most definatly have not contacted either company since the end of June 2001 in any way shape or form. So if I am correct the 6 yrs past in end of June 07 so June just gone.

That sample letter on that site looks great and I will definatly use that as a guide to write to each company.

OP posts:
irishyouamerrychristmas · 22/12/2007 15:43

This reply has been deleted

Message withdrawn at poster's request.

Freckle · 22/12/2007 16:59

Once debts get close to the 6 year mark with little sign of any payment being forthcoming, creditors sell them on to debt collection companies. These companies then contact the debtors in the hope that they will acknowledge the debt because the 6 year limit starts to run again from the date of that acknowledgement.

They will be aggressive in their attempts to get you to admit the debt because otherwise they have wasted their money. So write to them, saying that you do not owe any money and to tell them to stop harrassing you or you will report them to Trading Standards.

And I hope you appreciate this post because, whilst typing it, the puppy has stolen the Christmas pudding which I steamed yesterday . Ho hum - teach me to mn, won't it?? The is directed at the puppy, not you Nutty!

Original poster
nutcracker · 22/12/2007 17:14

Oh no, poor puppy, xmas pud is disgusting

OP posts:
Freckle · 22/12/2007 17:16

Not mine. It's not a traditional one, and is seriously delish. Mind you, it has chocolate in it so she will probably be hyperactive all evening now. Sigh.

Original poster
nutcracker · 22/12/2007 17:31

Oh never had one with chocolate in, sounds better than a normal one.

Hope he doesn't cause any more trouble, and thanks for the advice

OP posts:
bookofchristmascarolsmum · 23/12/2007 16:44

Does that go for Student Loans as well Freckle? Somehow I bet they're excepted .

hatrick · 23/12/2007 17:04

This reply has been deleted

Message withdrawn

Freckle · 23/12/2007 19:07

Hmm, I suspect student loans are exempt from the six year limitation. Not sure though.

Actually, look here. It gives details about different types of debt.

Lauriefairycake · 24/12/2007 15:34

They can't enforce the debt after six years from when you were last in comunication with them, them sending you letters does not count - this does not apply if they have a ccj against you.

If there is not a ccj against you for this debt they cannot legally enforce it, they can chase you , send you letters, contact you but they have lost the ability to legally get money out of you.

Please see www.debtquestions.co.uk for the answers to any questions you have on debt - and try not to worry

and student loans from the student loans company are exempt.

I'm sorry I haven't read all the advice you've had so far so apologies if this is a repeat.

Original poster
nutcracker · 10/01/2008 11:17

Right, as I said I wrote a letter each to the companies invloved, stating that under the debt limitations act they were no longer allowed to pursue me for the debt.

I posted the letters on 4th Jan.

Today I have recieved a letter from the one company but they haven't mentioned my letter at all. It says that if I do not contact them by 20th Dec, they will start the litigation process.
However the letter also states that if I contact them by 20th they can offer me a settlement figure on the outstanding balance. The balance is £401.27 and they are saying that they would offer a figure of £120.38 and that I could pay it over 6mths.

I am sceptical and think that perhpas this is just to get me to admit that it is my debt. What is to stop them charging me for the whole £401.27 once I admit it ?

OP posts:
Original poster
nutcracker · 10/01/2008 11:33

Anyone ?

OP posts:
Original poster
nutcracker · 10/01/2008 13:26

bump

OP posts:
Lauriefairycake · 10/01/2008 13:31

Of course its just to get you to admit to it.

If its older than 6 years (and you're really sure) and you have not acknowledged (by which I mean paid anything towards it) the debt is then legally unenforceable

They are trying it on - from what i read from others of your posts your not swimming in money - don't pay if its outside the 6 year limitation, ignore all correspondence and they will go away.

They buy them for pennies and then try to bully you into it.

WendyWeber · 10/01/2008 13:31

Well DD2 occasionally gets an offer of a low settlement figure for one of her CCCS debts - but as she can't afford even that amount they are wasting their time - but it is something they do (it is a return on their investment, assuming they have bought the debt from the original company? I can't remember all the details.)

In your case though nutty they are trying to get you to admit liability for the debt. So don't. Hang in there

Freckle · 10/01/2008 13:33

Ignore the letter. They haven't responded to yours, so I don't see why they should expect a reply to theirs. They cannot enforce the debt once it has lain dormant for over 6 years without any acknowledgement from you, so they are just chancing it.

Lauriefairycake · 10/01/2008 13:34

and if you have not corresponded with them in six years as well.

As I said before them sending you letters and you not replying means nothing.

Make sure you check they don't have a ccj against you by getting your credit file.

If all I've said applies to you they can do nothing but hassle you - feel free to tell them to go forth and multiply

Tortington · 10/01/2008 13:35

you really need to go to cab and get them to write to your creditors and tell tehm that they are not entilted to get any money from you. once they know you have saught advice they will prob leave you alone

WingsofanAngel · 10/01/2008 13:36

I haven't read all the replies so sorry if it's already been said.
If you have no contact from a creditor for 6 year then you do not have to pay the debt.

Look on the National Debt line site they have sample letters you can send and they work.

WingsofanAngel · 10/01/2008 13:38

Sorry just re read your OP. I would still send the letter.

Original poster
nutcracker · 10/01/2008 13:42

The letter I wrote was from a debt site so it was written properly etc.

It is possible I suppose that my letter had not got to them before they sent this one, but obviosuly I can't be sure of that.

I have no idea wether I got a ccj over it as I have moved several times since so haven't recieved any of the letters they claim to of sent over the past 6 yrs.
They didn't say anything about a ccj when I originally spoke to them.

I haven't admitted to the debt at all and definatly haven't contacted them or responded to letters from them in over 6 years.

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