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   how long can a Creditor look for you

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gorak
18-07-2007 11:12 AM

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



DW George 19-07-2007 03:19 PM

Joined: 01 May 2007
Posts: 1113
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Gorak
If you have not acknolwedge the debt in within the last 6 years then you have nothing to be worried about. In any communications you have with the debt collection company make sure that you don't acknowledge the debt.

Hope this helps

George



paladin 19-07-2007 08:43 PM

Joined: 06 Jun 2007
Posts: 289
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I agree with George the Limitation Act 1980 sets out the amount of time a creditor has to pursue a debt, which is 6 years. The Act also states that provided that you haven't had a judgement made against you and you haven't made a payment for 6 years and you haven't written to the creditors admitting you owe them money then you can ignore any requests for payment.

Let us know if the creditors/ debt collection agency continue to bug you.



schnitzel 11-11-2007 03:54 PM

Joined: 11 Nov 2007
Posts: 15
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Hi,
I too am being pursued by a debt collection agency for a debt in 1997. I have no idea what this is either. Recently, the agency called my mother's neighbour asking questions about me! He mistakenly gave them my mother's telephone number and then they rang her, she is 78 and worried sick now!
I have never had a court judgement made against me and I haven't admitted or made any payments to them, whoever they are!
Is there anything I can do about this? Any information would be grateful.

View My SOA


DW George 11-11-2007 06:33 PM

Joined: 01 May 2007
Posts: 1113
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Hi Schnitzel and welcome to this forum.
I think that Paladin has summed up pretty well about the statute of limitations in respect to your old debt. Regarding the debt collection agency harassing you and your mother read this thread. DC agencies are always up to these tricks. They hope that you'll just pay up and not argue it, especially after the empty threat of court action.

Post back if you need any more information.

George



schnitzel 11-11-2007 08:45 PM

Joined: 11 Nov 2007
Posts: 15
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Hi, George,
I tried to access the thread you included but for some reason the page is comining up with an error. Could you send it to me again.
Thanks

View My SOA


DW George 11-11-2007 09:48 PM

Joined: 01 May 2007
Posts: 1113
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Sorry about that, try this link.



Shiva
27-11-2008 01:33 PM

Joined: 27 Nov 2008
Posts: 2
Hi, l have just joined this forum and was wanting some more information on how long that a debtor can still keep asking. l had a bank account 11 years ago, l moved out of my mums and in with my boyfriend and just forgot about the debt as was having fun. My mum recieved a letter this week stating that l owe X amount and that they want me to bid for my account to buy it back or make arrangements to pay it off monthly, l understand about the 6 years and everything but the bit lm confused about is that l hadn't made any attempt to pay or contact them in the 11 years of them trying to find me, but, when l recieved a letter via my mum l did ring them up and they want a budget report from me, l was abit confused because l am already paying a debt off through them and thought it was the same 1, have l still got to pay up for this debt as they keep bugging me and l dont know wat to do.

thanks




paladin 27-11-2008 08:50 PM

Joined: 06 Jun 2007
Posts: 289
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Hi Shiva

A creditor can chase you for as long as they like. However, they cannot enforce any debt in court which you have not acknowledge after 6 years.

The debt collectors are perhaps going through their back catalogue looking for easy hits, marrying old debts with current clients, you obviously fall into that category. If you think that the debt is yours and is accurate by all means pay it off, but if you are not sure about the debt ask them for proof of the initial debt. Alternatively - and this is the one I like - tell them to "sling their hook" as the debt is older than 6 years, and you have neither paid anything towards it nor acknowledge it.

Hope this helps

P

ps Next time you'll get a better response by starting a new thread.



Shiva
28-11-2008 01:11 AM

Joined: 27 Nov 2008
Posts: 2
hi
thanks for replying it was very interesting to hear lol
thanks for the help :)



timmy
04-01-2009 09:08 PM

Joined: 04 Jan 2009
Posts: 1
Hi l am looking for some advice l have debts of £30,000 plus l am a single parent and main carer for my daughter who has Autism and Cerebal palsy l also cared for my father until 2006 when he passed away and thats when it all came tumbling round about me my problem is that l went to local welfare rights people in sept 2006 and they took a list of all the statements for the various creditors they advised me not to pay anything as l am on receipt of benefits and to get back in touch when l got any letters with a court date now l have court date and l am worried sick l am on incapcity benefit higher rate with an income support top up of £13 every two weeks my daughter gets incapcity benefit and disability living allowance

any advice would be really great court date is for March 2009


What do l do



lill
05-06-2009 04:13 PM

Joined: 05 Jun 2009
Posts: 1
Hi i have recieved a letter today from a dept collector
it was an old dept about 7 or 8 years maybe more.
I have not had any concact with them for at least 7
years and not attemped to make concact with them.they are threatening
to send an authorised collector to my door,can they do
this,and can anyone tell me if the payment should now
be written off after all that time .



DW George 05-06-2009 04:58 PM

Joined: 01 May 2007
Posts: 1113
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Hi Lill
No the Debt Collectors cannot threaten to do things they have no authorisation for. If your debt is as you say it is ie 7 year old etc then they cannot enforce the debt through the courts, unless the debt was as a result of mortgage shortfall when they have 12 years to chase the debt. How did they debt collectors inform you that they were going to send round the heavies?

George



worried777
20-06-2009 09:30 AM

Joined: 20 Jun 2009
Posts: 1
Hi,

I got a letter this morning from a debt that was from about 2002/2003 at the latest, if it's even mine.

I've moved house like everyone else and I was going to call the company but I'm not sure if that would be classed as acknowledging the debt.

I was going to return the letter as 'wrong address'. Would this help at all?

I'm now a bit worried as I had debt previously but that was all sorted out a long time ago, or at least I thought it was.



Madtyke
02-07-2009 01:21 AM

Joined: 01 Jul 2009
Posts: 9
Is it me or has there been a sudden mailshot of people who may have had previous debt problems from around 2002? The company chasing me is based in manchester!



at my wits end
02-07-2009 08:35 AM

Joined: 02 Jul 2009
Posts: 1
hi i am new here and only found this site due to a phone call this morning from cabot financial about a debt from 2002, for a credit card which i have always disputed having, i have asked for a copy of the contract but they say i had made payments on it through cccs up to 2004 i have an account already with cabot paying of another debt and i presume this is how they managed to contact me regarding this other debt, i always thought it was five years before a debt could be written off but now i see it is six, so what should i do. they say by paying the ccs then i admitted to the debt but to be honest i had that many debt letters and told the cccs of them all including the one for this card which i did not have.,






DW George 03-07-2009 10:20 AM

Joined: 01 May 2007
Posts: 1113
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Hi
at my wits end
This may be a grey area. In paying money to CCCs in turn who pay money to cabot, your creditor it may be argued that you are acknowledging your debts to cabot. However, you are only acknowledging the debts which you have detailed to CCCS. Do you have a copy of your payment schedule with them which will detail the creditors and accounts being paid?

I would say that you have not acknowledged the debt with cabot and hopefully proof from CCCS will confirm this. If this is the case then the 6 year Engand and Wales 5 years Scotland will apply.

Madtyke
You may be right, these companies buy debt on a speculative basis hoping that those who have old debts are not up for a fight.



Madtyke
10-07-2009 12:07 PM

Joined: 01 Jul 2009
Posts: 9
I am being harrassed by a firm called Robinson, Way in Manchester. They obtained my telephone number and address from somewhere as I have moved at least 3 times since I sold my house in 2003!

They are chasing me for a loan I know I settled in 2002 because I took out a consolidation loan to clear it and several others. I have denied owing any monies and even went into the Halifax and obtained a printout showing that the loan account was closed in 2002 but they keep chasing.

I then sent them the letter quoting the statute and again they keep ringing me on both my landline and my mobile, every time I deny owing any monies.

They have now said that "The Debt" isn't statute barred and again I have stated that I do not acknowledge any debts etc.

Have I shot myself in the foot by answering these calls?



DW George 10-07-2009 12:57 PM

Joined: 01 May 2007
Posts: 1113
My Profile
Hi Madtyke
I you are certain you paid the debt then you have nothing to worry about. Write to the debt collection company again and tell them again you have settled this debt and should they continue to contact you regarding the debt then you will report the matter to the OFT. Also tell them that as result of them harassing you, you have installed call recording, (it doesn“t matter if you haven“t).

George



Capatino W
11-07-2009 04:15 PM

Joined: 11 Jul 2009
Posts: 1
Hi folks

I recently received a letter stating they had traced me to my current address and that I owed £2039.49 - to be honest I'm not sure if I owe this debt or not and I'm not sure if it actually over 6 years - I obviously don't want to contact them to find out and this morning I get a letter stating that they are:
"Preparing papers to send to Stenfield Solicitors for issue into court so that proceedings can be issued against me for recovery WITHOUT FURTHER NOTICE"

It goes on to talk about CCJ's etc.

I certainly haven't acknowledged this debt but does anyone know of a way to ascertain if this debt is over 6 years old? I don't remember it being on my credit file when I checked with experian a couple of years back. If it's not on experian or the other credit checkers, does that defo mean this debt is over 6years and I don't have to pay it?

Any advice is very much appreciated!

Capatino :)



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