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Debt over 6 years old

Last post Fri, Jan 31 2014, 9:50 AM by huckster. 28 replies.
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  •  Fri, Jan 31 2014, 9:50 AM

    Re: Debt over 6 years old - Help needed

    No running the credit check does not acknowledge the debt.

    I suspect that you were told to contact the information commissioner because the credit agencies will not remove your old name, because it forms part of your history. The credit records are used for purposes other than debt tracing e.g money laundering, fraud checking, identity checking. If you were able to just get married or change names, wiping away all previous debts in your old name, everyone in debt would be doing it.

    The debt will come off your credit record 6 years from the default date anyway. Suggest that you phone National Debtline for advice if you are worried.

    • Post Points: 5
  •  Fri, Jan 31 2014, 2:22 AM

    Re: Debt over 6 years old - Help needed

    Please help :((

    I have 20k that I owe to a company which is 5 years ago. Since then I have had to change my name due to marriage

    I have run a credit check on my new name and I can see it has been attached to my previous name.

    I tired to get my old name removed and now my account it suspending and I need to contact the information commissioner.

    Does running a credit check acknowledge the debt?

    What do I do? I'm stuck between a rock and a hard place.

    Your help would be much appreciated and this thread has been useful

    many thanks

    Lost and confused
    • Post Points: 20
  •  Wed, Aug 07 2013, 5:00 PM

    Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    If the last correspondence about it was three years ago its possible the default may have to remain there another 3 years but no more than that. However as you say, you've never acknowledged the debt since the time it happened. Also you've had a history of DCAs chasing you then giving up - then that's a likely sign the debt is not legally enforceable, especially if they've not come to your yet. These DCAs tend to chase for a while, give up and pass it on - as from you say has happened, to you. Therefore if a default is on your credit report you could write to them and instruct them the default is illegal and the debt is statue barred and therefore remove it. There are template letters for this. Try this for starters, its letter 1:

    http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

    That's all i've got time for today.

    Thanks,
    • Post Points: 20
  •  Wed, Aug 07 2013, 1:07 PM

    Re: Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    hi

    I havent responded to anything for 3 years and that was when the debt collection company wrote saying they were taking over the recovery from the mobile company. I enclosed to them a copy of my letter explaining what had happened and the paperwork from the courts. I also was informed by an O2 person 3 years ago that they had closed the case due it being fraud- however they would not provide this in writing. I took a note of the persons name and time of conversation. O2 later agreed that person was an employee but said they did not have any confirmation of my conversation- pretty typical i have no way of recording a call!! At no point have i ever offered to pay anything. My solictors who wrote to them 6 years ago said that we felt that we could compromise on a more realistic value, but this was to O2 and they never responded to them.

    i basically have had years of getting letters from different companies and its kind of a process where they probably write for about 6 months on a weekly basis then stop and it goes to a different company- albeit at the same address.

    Surely as i havent ever acknowledged it as my debt the 6 years is from the date the person did it. the credit company who they registered the default said they have contacted them and they have confirmed it is a legitamite claim- does this also count against me for the fact they have made correspondance?? So on this basis they can apply a default notice against me for 5years since the date of my last letter to them???

    From my consultation with the solictor they had said if they dont take me to court within 5 years they are not able to try and collect it. I am not willing to pay a bill that was not mine and the fact the criminal was convicted seems highly unfair. The company surely has a legal oblegation to duty of care to ensure that fraud is managed. Ie banks seem to have a system in place wurely mobile providers should have a similar system.

    thanks

    • Post Points: 20
  •  Tue, Aug 06 2013, 4:13 PM

    Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    You haven't said if they are chasing you for this? When was your last letter to the phone company / DCA (Debt Collection Agency) concerned? And did you in that last correspondence acknowledge this debt? If so and it has been within the last 6 years a default would have started from the last point you acknowledged it. If not then no they cannot place a default on it for ever. But if you have then unfortunately it looks as though you may be liable. If so you will have to either try and avoid them as best as possible which could be dodgy if they place a CCJ on you. Or you could agree a payment plan with them, a little every month or so. But if they haven't been chasing you then forget about it until they do
    • Post Points: 20
  •  Tue, Aug 06 2013, 2:30 PM

    Re: Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    Hi

    I wonder if anyone can give me advice on here? I had my mobile phone stolen 6 years ago this month. Over the course of the 2 days before I cancelled it they ran up over £1k. The reason I hadn't cancelled it was it was at my work at my colleague was supposed to have locked it away. Anyway the police caught and the person was prosecuted- I have all the court papers. However I have now found out that I have been marked as defaulting this bill. I have gone through years of sending in letters stating the phone company had a duty of care and that this was criminal activity. I am now 6 years on and have been told by solicitors they are not allowed to ask for the money, I have never offered to pay anything as was told not to by police and solicitors. What I don't understand is can they for the rest
    of my life mark a default notice on my credit file?

    Thanks
    • Post Points: 20
  •  Tue, Jul 23 2013, 12:26 AM

    Re: Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    My method is from personal experience and tried and tested. So long as its over 6 years old with no acknowledgment during that time its statue barred and not legally recoverable hence a DCA won't bother with you if you make it difficult for them and they certainly wouldnt waste their time taking it to court. Its only if the default is accidentally started back up again does it then only become legally recoverable of which only then should you not avoid them and tackle them as suggested. But as this thread is talking about debt over 6 years old just send the letter off and not phone them and do not acknowledge any debt and you should be fine. The end hopefully.
    • Post Points: 20
  •  Mon, Jul 22 2013, 9:31 PM

    Re: Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    Uncontactable is going to be seen as avoidance. You want to remain as visible as possible but by using the law to your own advantage. If you instruct a DCA to not contact yo0u by phone then they are legally obliged to adhere to your instruction. Failure to do so will mean they are breaching your Data Protection Rights and as such can be sent before the Office of Fair Trading through the Information Commissioners Office if they continue to breach. Most DCA or anyone chasing debt will follow your instruction and will only contact you through the media you request. When you become totally uncontactable you open yourself up to be targeted for legal action as you are trying to avoid contact. Statute Barred or not, to avoid it is acting with something akin to criminal intent and if this did go to any further action this would not be seen in a good light.

    How do you think a court would react if you told them that you changed your number because you were being harassed...what would you do if you were then asked, did you ask them to stop calling you?

    Not to mention the fact that changing your number may will incur costs as well as frustration and work letting anyone else who knows you know that you have changed your number....and when asked why, do you really want to tell them it was to run away from DCA's or some other bunch of lies.

    The simple, easiest and most obvious way to not get called is to simply.....ask them not to call,

    Just ask them to write to you instead.

    Simples......

    • Post Points: 20
  •  Mon, Jul 22 2013, 6:23 PM

    Re: Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    Whilst Zebs advice is another possible approach, I still say theres no harm in changing your number as we are talking about statue barred debts which never reach court so long as one does not drop themselves in it and acknowledge the debt starting the default back up again . Also if it did reach court one simply says they changed their number as they were being constantly harassed by the DCA.The technique is, other than sending the template letter, to stay as uncontactable as possible. They'll eventually give up, provided the debt is statute barred.
    • Post Points: 20
  •  Mon, Jul 22 2013, 6:08 PM

    Re: Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    milesfb: Also change your number if you have given them yours as they ring you quite often.

    I would highly recommend that you do not just change your number as this would be seen as deliberate avoidance and any court would not smile on such circumstances should it go so far.

    If they phone again and you would rather not deal with this matter over the phone then tell them that you no longer want any further communication over the phone and that all communication must be sent through the mail. Do not be phased by them, this is your right under the Data Protection Act, failure to abide by these rules is a breach and the ICO (Information Commissioners Office) would fall on your side every time as long as you have made it clear to them that you no longer wish to receive calls.

    Do just ignore the calls, don't just change your number and avoid the calls that way. face the calls and the company head on and tell them to stop calling you and communicate by mail only, and threaten them under breach of Data protected Rights if they fail to honour this.

    • Post Points: 20
  •  Mon, Jul 22 2013, 4:12 PM

    Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    Ahhhhhh, Keddy what are you doing! The golden fact is never ever phone these people! They'll sucker you in convincing you that you owe them the world!

    Depending on what you said they might make out you've agreed to enter into a payment plan with them. Hopefully though the letter will do the trick and I hope you did not sign it and just printed your name.

    However you did not even need to write to them because it is not you they were after as the name is different to yours. Trouble is now they are going to be sending you post to the corrected name being as you've wrote to them no doubt with your correct name on.

    Wait and see what happens. So long as you did not admit or acknowledge that debt should be paid back you should be alright.

    Remember with statute barred debts (debts over 6 years old with no acknowledgement of it from yourself during that time) its for them to prove you owe it, not for you to prove you don't.

    If you receive anymore post to the wrong name steam it open (don't tear it open) just to see whats going on, (copy it if necessary) and then re seal it back in the original envelope and put 'Not known at this address on it' and shove it back in the red post box. In that way , not actually having opened it (even though you really have done) you have not admitted its for you.

    Sit tight and never call them again. Also change your number if you have given them yours as they ring you quite often.
    • Post Points: 20
  •  Mon, Jul 22 2013, 3:39 PM

    Re: Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    Thank you for all this useful information, Capital One have been sending me letters regarding a debt. The debt is not even in my name but a name similar to my maiden name (which I haven't used since 1971) I called and spoke to Capital One as the card was taken out in 2002 and this is the first I have heard about it (although apparently it is on my credit report) They are demanding I pay the debt so I have sent the letter in this forum and wait to see what they reply
    • Post Points: 20
  •  Sat, Jun 09 2012, 9:26 AM

    Debt over 6 years old - Add This Heading & Type Your Name, Don't Sign it

    I would just like to add to some useful items to this already most useful thread.

    Firstly that when sending off the template letter, (see post below dated Tue, May 06 2008, 10:09 PM by Conmankiller - most useful letter indeed), the letter heading should state before anything else " I Do Not Acknowledge Any Debt To Your Company". Insert this heading on a row in bold text between the rows Account No and 'You have contacted me regarding...'

    Secondly your name at the end should be typed and not be a signed siganture. The reason is that these DCA's, regardless of how official they may come across, are in fact devious little sh*ts and they are likely to use your signature where it may very well mysteriously appear on a written agreement to pay a debt you never agreed to. So type your name and not sign it.

    Other than that this thread has been most useful and has dug the girl friend I had at the time out of a deep hole and the DCA sent a letter of apology and won't be bothering her again, (I'm touching wood of course as Im typing this).
    • Post Points: 20
  •  Mon, Oct 06 2008, 12:19 PM

    Re: Debt over 6 years old

    Hi -- You need to get a letter to them either yourself or preferably through the CAB telling them that their actions are illlegal, by placing a default on a debt that is statute barred... and that their actions will be reported to the OFT (office of fair trading) if they do not agree to remove this illicit default immediately.

    You would help your cause if you can forward a copy of your letter sent at the time, claiming the debt was statute barred.... and asking for their written response to be sent to you within 14 days.

    Their contact details are below.

    http://www.cabotfinancial.com/page/contact-us.html

    • Post Points: 20
  •  Mon, Oct 06 2008, 8:30 AM

    Re: Debt over 6 years old

    It is for an account with B/Card and the default was in 1998. The default has been placed 7 years after the origional account defaulted. It is with a company called Cabot who are the ones who have placed the default now. I have never dealt with these people or arranged anything with them apart from receiving an annonymous letter and then when finding out who they were telling them it was Stat Barred. By the way this company have never been in touch since I told them this nearly 3 years ago and have only just hit my credit file!!
    • Post Points: 20
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