debt collection letter?

Question

A letter from a debt collection agency was sent to an address I havent lived at for 15 years saying i owe money, the people there I am related to but not got same name . Nothing has come to my address I have always been on voters roll etc. The only thing I can think of is about 11/12 years ago I had a joint bank acc etc with my ex. I had to leave him because he was violent, I was also suffering from depression and under the doctor on strong anti depressents. He used the credit cards and jacked his job in and carryed on using them ,when I left him i informed the bank of my new address, they gave him my address so he found me. Whenever I moved I informed them obviously I was in finanical strife at the time (I was left with nothing when I left him) The thing is I never heard from them again about 9/10 years ago they havent contacted me obviously have sold debt on but nothing has come to my address I have lived here for 9 years I pay all my bills not in any debt here. Any advice

The letter i have now read it states they are going to pay a visit to this address I havent lived AT for 15 years

Answer 1

The best bet is to contact your local citizen advice bureau and discuss it with them.

There is a time limitation on debts of six years from when you last acknowledged the debt. Under no circumstances contact the company that has sent you the letter.

Under no circumstances acknowledge the debt as this will start the clock ticking again.

If a baliff calls do not let them in unless they have a warrant from a magistrates court or county court. Which will be impossible as the court would not issue a warrant as its out of time.

If it is a baliff from a debt collecting agency they do not have right of entry. Be strong, do not be intimidated by the debt collection agency or its representatives. If you are being harrassed by them seek legal help to stop it.

The debt collection agency will know they are on a bad recovery due to the age of the debt as they will also know the law re time limitation. They just hope that you don't.

If you are sure its for a debt that old just tell them to take you to court, they won't as it would be a waste of time.

Answer 2

I will assume you live in the US?

For starters, all the collection agent has to do to fulfill the Fair Debt Collections Act is to send a letter to your last known address.

However, this is a long way from taking you to court and suing you. DO NOT ignore this however.

1) All states have a "statute of limitations". That means a creditor only has a certain amount of time to begin legal action to collect a debt. After that time, they can not sue you. The average time for this is 6 years. So it's very likely they have an uncollectable debt.

But they still have the right to collect it! They just can't take you to court. So how can they collect? Harrassment, phone calls, calling your employer and relatives....

The Fair Debt Collections Act was designed to put a stop to this. Simply send the collection agency a letter. Demand that they "validate" the debt. That means they must show that you have a legal obligation to pay the debt, that they are legally allowed to collect it, and that they can produce a contract, bills, receipts, and everything they used to calculate what they claim you owe.

Also include a line stating to "cease and desist" all further communications with you.

This will put a quick end to their bothering you.

By simply ignoring them, they can continue to make collection efforts. That includes posting to your credit report.

Answer 3

I heard many stories like this. Let me tell you there is a slight chance they may try to report this account to your credit report.

First thing is, if you had joint accounts with your husband they can hold you responsible for any outstanding debts.

As far as the statue of limitations, it does depend on the state you live in. It's usually a 7 year period. But that 7 year date depends on the last date activity either the last date of delinquency, the closing date of the account, or when it was placed into collections. If the collection agency tries to report an old account, the credit agencies will usually not report it.

I would occasionally check my credit report. If that account is reported and the dates are over 7 years, contact the credit agencies to have that account removed. If the agencies can not remove the account for some strange reason (for example maybe the collection agency may try to distort the dates) then I would contact the Federal Trade Commision for your state and file a complaint with the collection company. They will investigate further.

Don't let them scare you. I wouldn't even write them because this sounds like an old account they are trying to collect something on before they can no longer collect.

**Also good luck trying to get proof of anything from a collection agency. Unless you are going to go to court with them and so on. Fighting a collection agency is hard. Either you negotiate with them or file a complaint with the FTC. I had to do it before and I won in the end.


Good luck.

Answer 4

The Statute of Limitations, as it is called in some countries, applies to your case.

The bank/ credit card firm or whoever has a fixed period since the due date of the loan installment and default by the customer, to seek settlement in the court or through other legal means under the law.

In your case, the bank has clearly overshot this period and hence has no more rights to claim the money from you.

Instead, you can sue them for compensation for harming your image by sending a collection notice at a wrong address and the mental agony it caused.

If you get a good lawyer, the compensation they'll be forced to pay can be really BIG.

Answer 5

the only thing i can suggest if you are wanting to get rid of the debt is call the agency and find out what it is for....it could well be something else, like maybe someone who knows you got a catalogue in your name and havent paid it off....its a pain when that happens but not impossible, find out what the debt is for and try and sort it out, you may find that you may not have to pay it at all....they cant take anything from the address where it was sent to because you dont live there and nothing in the house belongs to you....make sure that is understood....good luck

Answer 6

I am not sure which state you reside in, but you should check the Fair Credit Reporting Act. In some states there is a statute of limitation on trying to collect a debt if the company has not acted on it. In any case you should check your credit report and see if it comes up. If it does you have the option to either obtain more information about the debt or dispute it.

Answer 7

You could just send the letter back saying no longer at this address. Does the letter specifically say what the debt is?

Answer 8

if they have had no contact with you for over 6 years then you don't have to pay ignore the letter. and tell whoever receives them to return to sender with 'not known at this address' or call the company and tell them that noone with that name lives there. they don't want anyone to come knocking on the door for the debt like baliffs do they.

Answer 9

Don't worry - it's over 6 years they can't touch you. Just get your relatives to send the letters back, unopened saying "not known at this address".

Answer 10

im not sure where u live but if u are in the uk go to the citizens advice bureau, they will help you and give you free advice and write any letters that need doing at no charge
good luck, try not to worry xx