Debt collectors letter..

[Obelix 11]

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!

 

No, the debtor has to acknowledge the debt exists. As long as you don't then it's unenforceable.

 

If you do acknowledge it, then they have six years to enforce proceedings to collect from that point. I'm not sure if the OP's actions above could be considered as acknowledging it - I'd be careful about responding to any old claims like that and saying it might be one of mine as that could be the worst thing to do....

[clinteastwoo 10]

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...

Of course they can't. If you don't have any correspondence with them it will be ok after 6 years

 

I'm sure tzijlstra know something we don't so look forward to the links.

[ricgem2002 11]

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!

can we hold you to that on other posts you know nothing about

[F. Sidebottom 10]

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?

 

Is the debt yours?

 

Do you owe them the money?

 

If not then fight it.

 

If so, do you not feel morally obliged to pay your debt?

[Chris_Sleeps 10]

Do you owe them the money?

 

If not then fight it.

 

If so, do you not feel morally obliged to pay your debt?

Don't waste your time with either of these paths. It's Time Barred.

[geared 306]

No, the debtor has to acknowledge the debt exists. As long as you don't then it's unenforceable.

 

If you do acknowledge it, then they have six years to enforce proceedings to collect from that point. I'm not sure if the OP's actions above could be considered as acknowledging it - I'd be careful about responding to any old claims like that and saying it might be one of mine as that could be the worst thing to do....

 

The debt was Statue Barred if this was the first time the OP had heard about it.

The question is if they did accidentally admit it does it then become un-Barred or one it's Statue Barred is that it??

 

---------- Post added 11-12-2014 at 14:06 ----------

 

To the OP. Simply confirm to the agency, in writing, that you do not acknowledge the debt and that furthermore due to its age any legal action is statue barred. You'll be able to find template letters on either The Consumer Action Group or Money Saving Expert.

 

I'd do that, and be careful you don't acknowledge the debt as yours.

 

Just simply point out it is Statue Barred.

[Obelix 11]

The debt was Statue Barred if this was the first time the OP had heard about it.

The question is if they did accidentally admit it does it then become un-Barred or one it's Statue Barred is that it??

 

---------- Post added 11-12-2014 at 14:06 ----------

 

 

I'd do that, and be careful you don't acknowledge the debt as yours.

 

Just simply point out it is Statue Barred.

 

That's what I'm wondering and I don't know the answer.

[geared 306]

That's what I'm wondering and I don't know the answer.

 

If you have made payments towards a debt where the limitation period of six years has already gone by, and no court action has already been taken, the debt is probably unenforceable.

 

You also need to check whether any court action has already been taken. This is because if it has, time limits may not apply and you could be at risk of enforcement action such as bailiffs. See the later section County court judgments for more information. If you are not sure whether court action has taken place, you can check your credit file, or the official Registry of Judgments, Orders and Fines.

 

You can check your credit file online for free at Noddle.

This will indicate if any court action has been taken against you.

 

If not then the debt is Statue Barred, and probably unenforceable??

 

---------- Post added 11-12-2014 at 14:21 ----------

 

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."

 

I think that bit is incorrect, as the service agreement usually refers to the service itself, how it will be delivered and the level of service they are selling you.

[alko27 10]

Hi,

 

Thanks for the responses.

 

I haven't taken ownership of the bill in either the phone conversation or the first letter I sent.

They clearly can't provide the information so other than my name I don't even know this firm is legit, could be a scam for all I know and my level of work it's easy to find my details online.

 

As for morals and paying it back, I've been screwed over by banks and others all my life. I've been in debt nearly all my adult life (over 20k). Paid the lot back and became debt free in 2012 just before my 30th birthday. It nearly ruined my life, in fact it did cost me doing lots of things I wanted to do. So no morals from me in this instance.

 

I'll let you know how I get on... ☺