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10+ years old debt belonging to my ex husband who now lives in the south of ireland

Last post Fri, Nov 25 2011, 2:20 PM by xxlynxx. 2 replies.
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  •  Fri, Nov 25 2011, 2:20 PM

    Re: 10+ years old debt belonging to my ex husband who now lives in the south of ireland

    Thank you for your quick response, i feel quiet sick at the thought of them trying to get this money from me, letter will be in the post today, fingers crossed it will be over with quickly, Linda x
    • Post Points: 5
  •  Fri, Nov 25 2011, 2:12 PM

    Re: 10+ years old debt belonging to my ex husband who now lives in the south of ireland

    Providing you have not made any acknowledgement that you owe this alleged debt, like sending in a written promise to pay or you have not made any contribution towards it within a Six year period and assuming that no county court judgement has been obtained, then the debt will qualify under the limitations act 1980 as a statute barred debt meaning no further legal enforcement could be obtained.

    If this applies to you, then you would need to send them a statute barred claim letter below edited to suit your circumstances by recorded delivery.

    .......................................................... .........................................................

    Your Name:
    Your Address:
    Date

    To:

    WITHOUT PREJUDICE

    Dear Sir/Madam

    Account No:

    You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

    I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

    I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

    The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

    The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

    I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

    I/we look forward to your reply.

    Yours faithfully

    (Your signature)

    • Post Points: 50
  •  Fri, Nov 25 2011, 1:16 PM

    10+ years old debt belonging to my ex husband who now lives in the south of ireland

    Hiya to who ever reads this I really need some help with this one :(

    Over 10 years ago (possible longer I'am not sure) my ex husband and I took out a loan, he was the main name holder on this loan, and the money he loaned was to clear debt he had gathered over the years before we married.

    Iv now received a letter from MIL Collections,

    This is what the letter says,

    Re: TBI Financial Services Ltd / Account No. *******
    Account amount £16,719.25

    Dear Sir/Madam

    We have been engaged by the above named client to help resolve the outstanding account. Calling us to agree repayments of the debt may help you.

    1) Repair and improve your credit rating.
    2)Enable you to make future purchase using credit.
    3) Prevent further intrusions from collectors.
    4) Manage your finances more comfortably.
    5) Apply for secured credit such as mortgage.

    Once a satisfactory resolution has been agreed, we will write to you confirming the details.

    If you are able to demonstrate you are suffering financial hardship through changed circumstances (such as unemployment or altered domestic circumstances) out client may be willing to provide you additional time to pay.

    Our client has asked us to keep them informed of your intentions and if you call us today on *********** we will send them an update of your intentions within 14 days.

    Last year I received a letter from TBI telling me about this debt, I contacted them and informed them of my ex husbands details, (I wish I hadn't now) they contacted him once and he ignored them, and they have left him be, but they just keep harassing me, but because I have responded to them I'am concerned the statues barred has been reset and that I'm going to be liable for this debt which I'am in no position to start paying, any advice would be greatly appreciated.

    Thanks for taking time to read

    Linda x
    • Post Points: 50