alko27 Posted December 10, 2014 Share Posted December 10, 2014 I've been contacted by a debt collection agency about a debt. The account is a mobile phone bill which was taken out over 10 years ago in 2004. The letter I got was more of a fishing one, not asking for payment. I called them and asked for more proof the account was mine bar the name I responded and said can I have a copy of signed credit agreement. They were reluctant to talk about civil rights over the phone and asked me to write in (I'm aware of tactics these companies can use from my own research) I received a response today. They said "as I was in a Service Agreement (not a Credit Agreement) therefore they are unable to provide any copy agreements/contracts and have no obligation to do so." ...Please contact us immediately blah blah... What else is annoying is the letter is dated 3rd December. Not sure if that's a dirty tactic to say they contacted me then or if the Royal Mail are just backlogged with it being peak time of the year, lol! So.. They haven't proven that contract is mine. They only have my name. The bill is a little over £100, which if proven is mine I'll happily set up a plan to get it paid off, but until they prove it's mine, can I refuse to pay? Link to comment Share on other sites More sharing options...
ab6262 Posted December 10, 2014 Share Posted December 10, 2014 ignore it and they will go away. Link to comment Share on other sites More sharing options...
mjhal Posted December 10, 2014 Share Posted December 10, 2014 it sounds like you owe the money as they have your details, but they have to prove outright you owe it , hope that helps? Link to comment Share on other sites More sharing options...
carltoncdx Posted December 10, 2014 Share Posted December 10, 2014 Didn't think debts over 6 years old could be persued??? worth a google at least! Link to comment Share on other sites More sharing options...
tzijlstra Posted December 10, 2014 Share Posted December 10, 2014 Didn't think debts over 6 years old could be persued??? worth a google at least! Of course they can. To the OP, sounds like they don't have a cohesive case. Try to gain some advice from a place like.... ma? I seem to recall adverts about a money advice network set up by the government, can't recall the name though so the adverts were pretty poor... Link to comment Share on other sites More sharing options...
davyboy Posted December 10, 2014 Share Posted December 10, 2014 Go to the CAB for advice. If a debt is more than 6 years old and there has been no correspondance then it can't be enforced. You should not have contacted them as the clock might have started to tick again. Link to comment Share on other sites More sharing options...
AMR67 Posted December 11, 2014 Share Posted December 11, 2014 If no payment is made on a debt for 6 years or more the debt becomes "Statute Barred" and cannot be pursued. Go to moneysavingexpert.com and all the info is on there. Link to comment Share on other sites More sharing options...
Obelix Posted December 11, 2014 Share Posted December 11, 2014 Of course they can. To the OP, sounds like they don't have a cohesive case. Try to gain some advice from a place like.... ma? I seem to recall adverts about a money advice network set up by the government, can't recall the name though so the adverts were pretty poor... They can't. (12 years for a mortgage though). If they haven't acknowledged the debt for six years, you just write back indicating that the debt is statue barred. Although it exists, it cannot be enforced in the courts. Link to comment Share on other sites More sharing options...
truman Posted December 11, 2014 Share Posted December 11, 2014 Of course they can. .. Are you sure about that..I don't think it's that black and white.. "Statute Barred A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account. Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. " Link to comment Share on other sites More sharing options...
tzijlstra Posted December 11, 2014 Share Posted December 11, 2014 But what constitutes action? If they hired a debt collection firm to find the debtor, isn't that action? To be fair I didn't know about the statute barred thing, so I probably shouldn't provide advice! Link to comment Share on other sites More sharing options...
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