I have received notification of a debt which i did not know existed from 11 years ago i am being threatened?

Question

with legal action where do i stand. I had a violent partner who ran up alot of debt i do not know if he used my credit card. The debt is from 1996 like i said i knew nothing about this until i received a final threatening notice. Can someone please tell me what i can do the debt is for £1,672.37. I phoned the debt recovery service who basically called me a liar only interested in getting the money the debt was sold to Thames credit ltd please help.

Answer 1

Hello there

I am sorry to hear on your problem, I would go and see and solicitor or the Citizen Advice Bureau but you could try sending the debt company this letter
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I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
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I hope this helps you a little bit, normally after 7 years the debt is automatically written off but I am sure you will be advised on this.

Don't give up ... debt companies try bully tactics...be strong!
x

Answer 2

Hello

Debt Collection Comapnies are only interested in recovering the debt no matter what and the conveniently do not apply the law.

My understanding is that if you have not had contact with the debt company for 6 years and 364 days. The Debt falls outside the Limitation Act 1980, the debt should be written off and you are no longer to pay it.

I Have copied and pasted this bit for you from the Act. Don't worry yourself about the legal jargon. And the other bits. But at least you know it exists and therefore I would go to an advice agency right away and ask them about the Act.

In briefest outline the basic time limits specified by Limitation Act 1980 (currently under review) are as follows:-


arrears of rent - 6 years (Limitation Act 1980 s.19)

contract (normal) - 6 years (Limitation Act 1980 s.5)

contracts (specialty - eg if under seal) - 12 years (Limitation Act 1980 s.8)

contribution towards a judgment or arbitration award - 2 years (Limitation Act 1980 s.10)

defamation - 1 year (Limitation Act 1980 s.4A)

enforcement of judgments - 6 years (Limitation Act 1980 s.24)

personal injury and death - 3 years (Limitation Act 1980 s.11)

recovery of land - 12 years (Limitation Act 1980 ss.15 and 17)

Citizen's Advice are generally good but I would suggest National Debtline (Free charity Advice) - you can ring them on 0808 808 4000


Hope that helps

Answer 3

Don't deal with them on the phone, the try and use scare tactics to make you pay up more than you can afford.

Write a letter asking for proof of the debt within 7 days - also ask them to suspend the debt until its recieved, send this recorded delivery.

Once you have this (or hopefully don't!) you will know where you are. They cannot make you pay it all if you cannot afford to, more often than not they will take a very small monthly amount if its all you can afford.

If you do owe the debt it will be on your credit file and you will find it difficult to obtain credit even if its your only 'black mark'.

If you need further advice contact National Debtline, the are a non-profit making charity set up to help people in debt and with the law that surrounds it.

I think it sounds odd that this is the first time you have heard about this debt unless you have moved house and then have applied for credit?

Anyway good luck, hope you get this sorted! Don't let them bully or intimidate you - simply tell them you will correspond in writing and not by the phone. By law they have to stop telephoning x

Answer 4

Do not acknowledge the debt by making any payment. The statute of limitations applies to non-transacted accounts after 6 years. If it is a judgement debt, the statute is 12 years. What statute barring means is that even if you did owe the money the debt is not enforceable once the barring period has run. Check with Citizens advice for the exact periods and do not contact the debt company again.

Answer 5

Dont pay them a penny, they have to prove that the debt is yours and to do this they will have to get original signed documentation from the original creditors. Debts cannot be enforced after 6 years if no contact has been made between you and the creditor or collector regarding that debt in that 6 years. When creditors sell a debt to a collection agency they will after 6 years dispose of the original documents. This is why you have to get them to prove it, they wont because they cant!

Send them the prove it letter, whatever you do DONT sign it these companies are not law obiding and they will forge your signature, just type your name and dont give them your phone number. Good Luck. I doubt if you will hear from them again.

Here is a draft:-

Please note that I do not acknowledge any debt to your company.

I now require you to supply me with the following:-

A true copy of any alleged agreement between me and 'creditor'. You are obliged to supply a copy of any such agreement under the legislation contained within s.78(1) Consumer Credit Act 1974 (s.77(1) for fixed sum credit).
A detailed statement of account showing a complete list of transactions and charges relating to the alleged debt since inception of the alleged agreement. This includes the term prior to your acquisition of the alleged debt. You are obliged to supply this information under the same legislation noted above.
A signed true copy of any deed of assignment relating to the above alleged agreement. You are notified that you are obliged to supply this document, whether you are the original creditor or not, under s.189 of the Consumer Credit Act. .

As you will be aware, any credit agreement, which is not properly documented and signed by the customer, is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim issued. Any legal action you may contemplate will be vigorously defended and contested.

You have until 'date' to comply with the above requirements, failing which you will be in default. Furthermore, if you have failed to respond fully after one month you will have committed an offence and will be reported to Trading Standards and The Financial Services Authority.

Answer 6

If you have not received any previous letters about the debt then the law does not allow for the recovery after 6 years, so tell them to jack off.
On no account open the door to bailiff's or let them in, if you do they have the legal right to break in after that and take your possessions and auction them off. If the sale does not realise the amount owed then they will still come after you .If you feel you have to pay the debt then offer £X per month for example, if they wont take it tell them to take you to court and make the same offer in court, you'll win.

Answer 7

If you are in the United States, most debts are only good for 7 years. If this is the case, you can notify the collection company (in writing) that the statute of limitations has expired and that you refuse to pay the debt. Also, notify all 3 major credit bureaus that the statute of limitations has expired so that they remove it from your credit report. I have helped several people do this before. Good luck!

Answer 8

Get proof that you signed for anything. Also get a copy of your credit score from Experian (£2). Don't ignore it as it won't go away and will affect you in the long run. Citizens advice offer free debt advice.

Answer 9

Have they given you proof of the debt, copies of receipts signed by you for the service of any summonses or anything that proves you did not know about the debt? Your best course of action is to visit the Citizens Advice Bureau in your town and ask for their legal opinion, it will not cost you.

Answer 10

I think you had better go see a solicitor and get advice. It may be expensive, but the alternative is the debt company going to court and getting permission to send in bailiffs to take your property to cover the debt.