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   how long can a Creditor look for you - Page 4

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gorak
18-07-2007 12:12 PM

Joined: 18 Jul 2007
Posts: 1
hi please can some one help. i have a creditor looking for me for a dept from 1993/94. i have no idea what the dept is for. please can some one advise on what to say when he comes to my home. thanks gorak


peterb8
19-10-2010 12:13 PM

Joined: 17 Oct 2010
Posts: 4
just make sure not payment has been made within the last 6 years and you are completly fine



army50
21-10-2010 09:26 PM

Joined: 12 Oct 2010
Posts: 4
hi iv been on here before but cant find the page im on .i have had letters fron a dept collector saying i owe 4000 from a loan taken out in 1998 i dont remember this and i told these people this but .the letter was saying they think somebody was getting credit in my name can i get in touch thats how i found out now they keep phoning the house nearly every day at silly times like tonight at 2000hrs my husband wont answer the phone as it is getting him down i.e sleepless nights then worrying all day in case somebody calls he now suffers with severe depression and epilepsy were do we stand with this as it is causing him a lot of stress as it is over 6 yrs . they said we have been paying by direct debit but this isnt true as we changed banks in 2000 and know they are lying any ideas what to do please



spiritualone 22-10-2010 01:35 AM

Joined: 10 Aug 2010
Posts: 447
My Profile
ARMY on the iqor letter recieved thread my last 2 letters ie letter 1+2 should be how u dealt with this matter informing them u wouldnt be paying it due to it being statuet barred..............i dont know why u havent done this.......im worried uve given out ure number as if ure husbands acknowledged this over the phone theres a good chance hes acknowledged it and been tape recorded doing so.............

if u genuinely dont recognise it ask for a copy of a properly executed consumer credit agreement, however going by the timeframe its over 6 years old so should be statuet barred anyway............this really depends on WHAT uve said to them...........






scully
01-11-2010 04:44 PM

Joined: 01 Nov 2010
Posts: 1
just a quicky... right when does the dept start???? when it gets bought by the collection agency, or when the dept was first owed to the original lender?............ if you get what i mean! been 6 years for me if its for the original dept! so hopfully i can say hit the road jack!! didnt even get my name right!



spiritualone 01-11-2010 05:02 PM

Joined: 10 Aug 2010
Posts: 447
My Profile
Scully for all intensive purposes think of it like this:

you defaulted on a payment 6 years ago, that was it your credit facility was no more and you were in the bad books etc.

5 years later a debt collection agencie starts harrassin u........ you manage to ignore them for a year, never makin a payment or acknowledgin them.......hey presto thats your 6 years been made, if you live in scotland you only need 5 years,

:)



bigmac
13-11-2010 08:47 AM

Joined: 13 Nov 2010
Posts: 1
I have just had a credit collection agency write to me asking for payment on a debt from a goverment agency, for a loan i had with them. I have disputed this for 8 years, i have not paid anything to them in all that time. Do i have to pay them?



DW George 15-11-2010 08:36 PM

Joined: 01 May 2007
Posts: 1113
My Profile
Fthornes
Take a look at these articles about Statute barred debt.

Statute Barred Debt England

Debt older than 5 years Scotland



warrior
22-11-2010 03:14 PM

Joined: 22 Nov 2010
Posts: 1
Hi all, i took out finance on a car in 2001 with extra warranty etc, the car had problems within 6 months of me owning it so i asked them to repair it under the warranty and they said no even though it was covered, so in the end i said i'm not paying anymore payments and to come and collect the car cos i dont want it now. They collected the car still wanting me to pay for it, total cost of the car was 12,000 to which i had payed off nearly 2000 while owning it. Debt collector letters started arriving @ the house & it was arranged that i would pay 20 a week, then the debt was bought by another company to which they wanted the money in full not as agreed with the other debt collectors, i told them i would go bankrupt due to not working & having no money to pay that amount, letters kept arriving & phone calls threatening to take me to court so i said take me to court i will deffo go bankrupt. This went on for about another year or 2 and then i didnt hear anything more about the matter until today when i got a letter from the same debt collectors saying (The above debt has been passed to us to recover and we need to speak with you to arrange a suitable repayment plan within 5 days) outstanding debt 8345.17. can anyone help me out please? thanks warrior



Annie Nonymus 22-11-2010 07:18 PM

Joined: 01 Feb 2010
Posts: 35
My Profile
Hi Warrior
The time lapses suggested in your entry should make the recent posts from "Spiritualone" and "DW George" interesting.

Good Luck



col16
23-11-2010 01:12 PM

Joined: 23 Nov 2010
Posts: 7
i wonder if any 1 can help, in 2001 i returned a vehicle to a finance company after owning it for 18 months, in around 2002 i made a few payments to help clear the debt, since then i have moved home 2 or 3 times, i have not acknowledges them since around 2002 but now there chasing me at my new address, is there anything they can do to me, thanks



DW George 23-11-2010 01:28 PM

Joined: 01 May 2007
Posts: 1113
My Profile
Hi col
Have you looked at the the two articles above re statue barred debt?

George



col16
24-11-2010 11:35 AM

Joined: 23 Nov 2010
Posts: 7
can any 1 help with this also, i read the thread "status barred debt" and i know for a fact that i havent written acknowledging i owe money to the creditors/collectors asking for payment nor have i paid anything in last 6 yrs but dont know if they have put a ccj on my file, wot is to stop them putting a ccj on then contrinuing to chase me for cash owing



DW George 24-11-2010 02:21 PM

Joined: 01 May 2007
Posts: 1113
My Profile
The only way the creditors can obtain a CCJ is to go to court. The CCJ will be recorded on your credit reference file sometimes on Statute Barred debt. If this is the case then you can get the CCJ set aside.





col16
24-11-2010 03:25 PM

Joined: 23 Nov 2010
Posts: 7
so i really need to obtain my credit check from exuifax or experian to find this out yes



Wondering
29-12-2010 03:12 PM

Joined: 29 Dec 2010
Posts: 1
I have been contacted today by a company acting on behalf of Lloyds TSB. I had an account with Lloyds which I stopped using in 2002, at the latest (shortly after a house move).

Around 10 months before this time I had found myself in a position where I was going to be short in my account one month. I had asked Lloyds for a 50 overdraft to cover just this one month, but they couldn't accomodate this at the time, so I inevitably went overdrawn. Due to this one month error in my account, I ended up paying literally nothing out of the account except for bank charges for nearly 9 months. I had all other direct debits set up on another account and had one of my benefits paid into the account to cover the spiralling bank charges; they simply added bank charges for unpaid bank charges, repeatedly.

9 months down the line and I could no longer AFFORD my bank account. I went back to the Lloyds branch and asked to close the account and was told as it was overdrawn without an agreed overdraft they couldn't help. I asked them to halt the account at the time so that I wouldn't accrue any further charges, and was told this was not possible.

As I said, I received a letter this morning from an agency, Rockwell Debt Collection, Surrey. They are trying to recover 2594.92. I am not sure where I stand with this debt. I called them and said I do not believe the debt to be mine, and would like further details of the debt. She just said "ok". I asked what she meant by ok, and she replied "well you've said its not your debt so I guess conversations over", which I thought was odd. I asked her if there was still impending action and she said they would not do anything further while I collected the details.

Then I found this site. Have I messed myself up now? I saw that I can write to Lloyds TSB with a SAR to get all the details I want, but will that be acknowledging the debt? Have I already acknowledged the debt by calling the Rockwell Debt Collection? Would there be a "time-out" on how long they have to claim this debt even though as I wasn't allowed to close the account, I suppose I am still an active customer with them? Would I have a chance at switching this around on them and reclaiming some of the extortionate bank charges they have taken (and apparently are still trying to take) from me?

Please Please help, I have read many of the threads here and you seem to have some very good advice.

Thanks in advance!

After looking



spiritualone 31-12-2010 02:56 AM

Joined: 10 Aug 2010
Posts: 447
My Profile
@WONDERING,

Hi there u reckon this is going back to issues in 2002?

well that would be ideal in theory, HOWEVER we need to know when LYODS formally closed your account, this would be when the STATUET BARRED clock would start tikin..........

dont worry about contactin the dca over the phone its a grey area that one..........

UNLESS they have written documentation from you in some manner or another, that would count although for all intensive purposes verbal agreements/ acknowledgments are supposed to count for sweet fa etc,

in statuet barred land an all that kinda jazz etc......

:)



babyg
06-01-2011 05:41 PM

Joined: 06 Jan 2011
Posts: 6
Hey just lookin for some advise and info. I took out a mobile phone contract in oct 05 have moved address twice since then and just recently started receivin letters from red debt collections and hamptons legal appaently the same company.soneone told me. They say the have a copy of my credit file n will take me to court if i dont pay up n also said will send baillifs out or even arrest my wages! Can they do this? What.shall i do? I have never aknowleged any letters or replied n live in scotland.



spiritualone 06-01-2011 09:37 PM

Joined: 10 Aug 2010
Posts: 447
My Profile
Hi babyg i stay in scotland aswell, if u defaulted on the account and live in scotland- 5 years after the default date presum,ablr round-about 2005 it became STATUET BARRED

5 years is the key here statuet barred means u cannot be touched financially for this when did u default? statuet barred criteria requires you have made no contact or acknowledgement written et since you defaulted

:)



babyg
08-01-2011 12:20 PM

Joined: 06 Jan 2011
Posts: 6
I dont know when i defaulted to be honest they.sent me a bill.about december 2005 and i never paid it or contactec them. They then sent me a letter from a debt.agency a couple months later prob about feb 2006 again i.done nothing n now 5years after originally taken out the contract i am gettin court n legal letters.



spiritualone 08-01-2011 04:54 PM

Joined: 10 Aug 2010
Posts: 447
My Profile
we could probably make an assumption that your default date was in that case febuary 2006,

debt collection agencies tend to become involved once a creditor has closed an account ie DEFAULTED you etc,

that being the case your debt will more than likely become statuet barred this febuary though id wait till march to be on the safe side,

if u can continue to avoid/ignore them come march the debt will be effectively written off,

return to this thread in march, if u have managed to avoid court action by then myself or another on this forum will be happy to guide you through the statuet barred process,

also a statuet barred debt cannot be replaced on a consumers credit file,

if between now and march you recieve some form of court summons you will have to deal with it ie pay it,

timing is everything here

:)



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