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If your check is being garnished for an unpaid debt can you file bankrupt? |
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How old does a debt need to be before you can no longer be chased for it? |
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David C | Am I liable for a debt of £269 which has been outstanding since 1993. I have just been contacted about it? |
It is that long ago, I have no idea what the debt is for. The solicitors are acting for a third party. the debt is apparently owed to a finance company. |
|


yaff
 |
Dont pay a thing, a debt in unenforceable if they have not tried to contact you in the last six years. Dont let the solicitors scare you they know the law and they know you dont. If baliffs come round from a debt collection company DONT let them in, they have no legal right to enter your property, bailiffs can only enter your property if 1, you let them in and 2, if they are sent by the courts (even then you dont have to let them in). debt collections baliffs are worthless. Send the 'prove it' letter to the company. Here is a draft:-
Please note that I do not acknowledge any debt to your company.
I now require you to supply me with the following:-
A true copy of any alleged agreement between me and (name of creditor). You are obliged to supply a copy of any such agreement under the legislation contained within s.78(1) Consumer Credit Act 1974 (s.77(1) for fixed sum credit).
A detailed statement of account showing a complete list of transactions and charges relating to the alleged debt since inception of the alleged agreement. This includes the term prior to your acquisition of the alleged debt. You are obliged to supply this information under the same legislation noted above.
A signed true copy of any deed of assignment relating to the above alleged agreement. You are notified that you are obliged to supply this document, whether you are the original creditor or not, under s.189 of the Consumer Credit Act.
The statutory fee for the provision of the above information is £1 for which I enclose a postal order.
As you will be aware, any credit agreement, which is not properly documented and signed by the customer, is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim issued. Any legal action you may contemplate will be vigorously defended and contested.
You have until (date) to comply with the above requirements, failing which you will be in default. Furthermore, if you have failed to respond fully after one month you will have committed an offence and will be reported to Trading Standards and The Financial Services Authority.
THEY HAVE TO SUPPLY THIS TO YOU BY LAW
Send this recorded, dont sign it whatever you do just computer type your name, and dont give them your phone number. The creditor 'sold' the debt to the collection agency and wont have kept details on file for that long so chances are the debt collectors will get this letter and wont be able to action it, if they cannot come up with the paperwork, do what the final paragraph says.
Good Luck |
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Woodman
|
Well find out what its for and pay it off If you know you owe it, otherwise refuse to pay it until theres proof you do owe it |
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Biz Guru
|
Yes you are and presumably the finance company think that you are worth chasing.
Contact the solicitors and ask for full details of the debt. Beware of being scammed so check the details carefully. Then take a deep breath and pay it if you owe it.
If it looks like a scam go to the police. If it is not correct go to the finance company and the the Finance Ombudsman. |
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Shannon R
 |
In every state there is a statue of limitations, you need to find out what that is in your state, in Indiana it's 10 years, if you make a payment or promise to make a payment then the 10 years will start all over. |
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tardis_mom
|
If it's your debt; you need to pay it. Try to get more information from the solicitors. By the way, it should have shown up on your yearly credit report as an outstanding debt, so if you check those, that should tell you whether you need to pay it. Otherwise your credit could be royally messed up. |
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GRUMPY
 |
If it is your debt, then yes you are responsible. I know someone who has a debt that is EXTREMELY HUGE. This person has had this debt since 1994 and to this date companies are still chasing this person trying to get their money. It won't go away unless you address it. |
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ZCT
|
I was told by a solicitor that there is a limitation on debt in the UK. I was told that this period was about six years. There is no way that they can suddenly pursue a debt out of the blue 14 years after the fact.
Get a free chat with a solicitor about it or talk to citizen advice. |
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Chris
|
If the company haven't attempted to contact you in 7 years, they have no legal basis to claim the debt. However if they have attempted to contact you, for example by writing to the last registered address they have on file for you, then you are still liable for it.
If you did not have to pay a debt after 6 or 7 years like some of the above have said, why would mortgage companies do 25 year loans, everyone could just stop paying after 7! |
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GINA PH
 |
No not likely. My experience tells me that most debts have a financial clearence period of 7 years. This debt should have been written off the debtors books when it aged 7 years. Best advice to you is to seek help from the citizens advice. |
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Sir Sidney Snot
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NO! They couldn't get a CCJ against you now either |
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