English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

10 years ago my account was closed by a bank and I have now received a summons from debt collectors for the amount owing (£192) Can they do this after this length of time?

2007-01-05 09:16:16 · 14 answers · asked by dave a 1 in Business & Finance Credit

14 answers

It has probably taken them this long to find you. Debts disappear when you pay them.

2007-01-05 09:23:46 · answer #1 · answered by Gone fishin' 7 · 0 1

If you are in England, yes they do, but not automatically. They will only be written off if your friend has not admitted the debt is her for at least six years. They have to prove if she has admitted the debt. They may be able to do this is your friend has written to the debt collection agency, or made a payment (no matter how small). If she has just had phone conversations, there is no way they can prove they have spoken with you friend so this doesn't matter. However, if your friend has moved and the company does not have her new address, and this is the reason there has been no contact this does not count. Do some searches on the internet for more information. If they try to claim the debt your friend can contest if the above applies. Under the data protection act your friend can insist on getting a copy of her file. This will contain details of any correspondence. They have to give you this by law, but by her writing and asking for this information, she is not admitting the debt and will not ruin her chances of getting the debt written off. x

2016-05-23 06:55:34 · answer #2 · answered by Anonymous · 0 0

DONT DO ANYTHING UNTIL YOU READ BELOW,THEY ARE TRYING IT ON:
The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

The Limitations Act 1980 also has additional effects, depending on the type of debt in question:



You may have assumed that your creditor has "written-off" a debt if you have not heard from them for a long period. In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

Remember, creditors are still able to pursue an unsecured debt if:

They have previously obtained a judgement against you (a CCJ);
You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)
You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.
If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

SO IF IT IS A UNSECURED DEBT THEY ARE JUST TRYING TO BULLY YOU INTO PAYING,BANKS OFTEN SELL DEBTS OVER A PERIOD OF NON RECOVERY TO THESE COMPANYS TO TAKE A CHANCE ON COLLECTING,
JUST LOOK INTO THE LIMITATIONS ACT ON THE NET.
GOODLUCK AND TELL THEM TO FOOK OFF !!!!!!

2007-01-06 04:31:01 · answer #3 · answered by Anonymous · 0 0

I don't see why not, I was made inslovent 6 years ago and I still get people harrasing me for money, I suppose they go through accounts perodically checking for old bad debts. Best to offer them a small payment each month (say £5) they have to accept this, but if don't pay one month they can make things harder on you. Best to do something than nothing though as this will be affecting your credit rating.
If in doubt try the Citizens Advice, they will be able to help.

2007-01-05 09:21:25 · answer #4 · answered by Stephen A 1 · 0 1

Yes. Im not 100% sure of the laws in the UK but here in the US, a company only has a certain amount of years, depending on the debt, that they can sue you for what you owe. However, they can call you, no more than once a day, forever to try and collect it. You can tell them to stop calling, and they have to, but they can continue to send letters to your house.
Then, if the account is sold to another collection agency, the new company can start calling you again.

Hope this helps

2007-01-05 10:31:59 · answer #5 · answered by Together 4 · 0 1

Debts last until they are paid. In the US, there is a statute of limitations that limits how long the creditor can sue to collect. I believe there are similar laws in the UK. This doesn't mean the debt is gone, only that they can't collect though the courts.

2007-01-05 12:42:23 · answer #6 · answered by STEVEN F 7 · 0 1

the debt will not go away until paid off unless its a small sum in which they may write it off if you haven't paid it off and its not worth them going to court. Though it will stay on your credit report up to 6 years after it is paid off.

2007-01-06 01:56:19 · answer #7 · answered by I~Love~Baileys 3 · 0 1

Yes, most likely they can. Debt does not go away until it is paid or resolved somehow, such as through a bankrupcy.

2007-01-05 09:18:55 · answer #8 · answered by turtlejess 1 · 0 1

Did you rack up the debt? Then why wouldn't you be willing to pay it? It's not like it's thousands.

2007-01-05 09:32:46 · answer #9 · answered by Phoenix, Wise Guru 7 · 0 1

I thought that debts lasted forever.

2007-01-05 09:24:56 · answer #10 · answered by Xan 3 · 0 1

fedest.com, questions and answers