debt experts - 3g - chasing 5 year old 'debt'

[stainesmassif]

Any credit experts out there? my dh has received a letter today from Roxburghe debt collectors chasing a 5.5 year old debt of 249 quid that dh doesn't believe he owes.

he's been in touch with 3g and the debt collection agency and neither have been able to provide him with any details of the debt - due to it's age!!!! he has never been contacted about this before.

we've looked online and there was a report on watchdog about 3g and their debt collection agencies. some people have had their credit rating harmed by these agencies giving them an unwarranted default.

has anyone else experienced this and won? does anyone know how old a debt is before it becomes uncollectible?

(i used to work in credit control - always thought it was 7 years, but have no experience with debt collectors.

ah go on!

I misread title and thought they were chasing a 5 year old child for a debt...

Quick search online is showing this is likely to be a scam.

Send a letter (recorded post) saying that they should provide more information, or you will contact trading standards. And follow through!

i can see how you would think that.

not sure if it's a scam, the mobile phone company 3g are involved, so not exactly fly by night....will report to financial ombudsman, but just worrying that our credit rating could be affected. anyone else know anything about this?

It's 6 years - after this it's 'statute-barred'.

Word of warning - your dh is better NOT communicating with them at all, & if he does, write 'I DO NOT ACKNOWLEDGE ANY DEBT OWED TO YOUR COMPANY' at the top of all correspondence.

If they can argue that he's 'acknowledged' the debt (eg. if he agrees to the 'ooh, seeing's it's nearly Xmas, we'll accept 50%' letter which the DCA will be putting in the post round about now ) - then the 6 year clock is re-set.

You need the Consumer Action Group - Debt Action Forum

A bit of a PITA to find your way round, but you will get fantastic advice from others in the same situation.

I think as long as you let the agency know that you dispute the debt (rather than ignoring them) then your credit rating shouldn't be harmed. you do need to get everything in writing though. 3g should then need to prove it

I believe that you are right that 7 years is the point that a debt becomes statute barred and you can no longer take legal action to recover it. Although it is longer if has had a CCJ awarded. I think this allows another 7 years.

I always believed though that for a court to consider any aged debt recoverable, the company in question had to prove that they have actively pursued the debt over the intervening years (even if this takes the form of trying to trace the debtor). I might be incorrect on this though, I'm not completely sure.

I don't know if that will help you at all.

this is why it's been on watchdog - the debt recovery agency have not proved that these debts are payable, but have still given people a bad credit rating. i can't believe we're being chased to pay something and yet noone can show us what it's for!!! it's absolutely infuriating

If they cannot prove he owes the debt then they cannot persue him for it - end of. After 6 years any debt becomes statute barred ie they can't collect it.

Send a letter headed "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" asking them to send a copy of the original signed agreement with regard to 3g. Legally they have to provide this within 28 days (send £1 which is the correct fee for this request). If they do not provide this after 28 days they are in breach of the law - report them to Trading Standards. If on the other hand they reply saying they cannot provide the agreement then legally they have no redress and it would be a complete defence in court (ie they would be unable to obtain a CCJ).
Personally if they are a debt collection agency then my guess is that they are trawling for the right person - someone with the same name or similar to your husband who DOES owe the debt. They only have 6 months until it becomes statute barred and they are upping their efforts to collect.

They will be a DCA who specialise in collecting old or hard to collect debts and they are contacting anyone who might be the right person.

Check out www.debthelpuk.co.uk and look for the forum there. Loads of people who are very knowledgable about all this stuff.