 Can a creditor go after a spouse after they are deceased? |
| My dad passed away a few months ago. My step mom tells me that creditors are claiming she is responsible for the debt he owed in his name. This is in the state of Texas. They did not jointly go in on ... |
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 Anyone out there received Emails supposedly from Royal Bank of Scotland? |
| They usually request me to update my bank details, I suspect a scam as I do not have an account with that bank also they keep refering to me with different titles. Any info would be ... |
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 Can credit card companies garnish your paycheck for outstanding debts? |
| Chase is threatening my wife to garnish her paycheck. Can they do that with credit card debt? We can only afford the rent and essentials right now but want to pay all our debt in the future.... |
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 Is Capital 1 the worst credit card company? If not, who is? |
| Capital 1 is the biggest blood sucker that I have found. What about you?... |
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 I used my dad's 2 credit card without his knowledge, and we are receiving bill collection calls, what to do? |
| My dad never used those 2 credit cards he just bought them coz like he said they were asking him to get it . I used it to become online member for online game RUNESCAPE for 2months, one month each ... |
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 I applied for a credit card, but have since changed my mind? |
If I get approved, do I have so many days to change my mind and refuse it? Or do I have to accept it and then cancel it at a later time?
I don't have any credit cards and in a moment of ... |
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 Buying stuff online with credit card? |
| if i buy sumtin online would the persons that i use credit card find out the place i ordered it to? like if i took my bros credit card and bought a jabbawockeez mask and put my friends adress down ... |
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 Need a credit card with a high limit but I have bad credit? |
My credit score is 506 and I am traveling to Germany but I need a credit card with at least a $2000 limit or more to pay for my airline tickets.
Additional Details
I only have bad credit ... |
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 What do you do with unsolicited credit card offers? |
I find them potentially dangerous. Yet I still get them despite having OPTed out at the credit bureau.
I usually send back the prepaid envelopes over-stuffed with junk mail. What do you do?... |
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 About my credit report? |
How can I find out who I owe money to and how to pay them back?
How soon after I pay off my debt til my credit score improves?... |
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 Why do employers require a credit check? What exactly are they looking for? |
| Why do employers require a credit check? What exactly are they looking for? Will a recent bankruptcy keep me from being hired?... |
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 How do you mail money? |
| i ordered somethin but i dont have a credit card or check so i checked money order. but i heard if u put money in the mail, peopel steal it or the mail comes right ... |
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 I was a passenger in a car that was rear ended, the car that hit us was insured, why am I responsible? |
| This incident happened in January of 2004. I was in the car with an Army recruiter, and the car was rear ended by a truck, It was the driver of the truck's fault. Well I went to the hospital ... |
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 Which credit card is best for me? |
| I'm a college student and I have never had a credit card. I want to apply to one but Im not sure which one would sute me best. I have known that some credit cards will charge just for having ... |
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 Does it help my credit score to payoff a charged-off credit card from 5 years ago? |
| Long story short, I was young and stupid, and let a $500 Capital One credit card bill go to collections and never paid it off. Now, of course, it is damaging my credit report. My question is not ... |
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 Is it safe to order online with a debit card? |
| I just got a debit card because I'm going to live at my friends house during the summer, but there arent any stores close by. Is it safe to use a debit card to buy stuff online?... |
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admnblu | Is debt automatically cleared after a certain amount of time? |
A friend advised that after 6 years debt is automatically cleared, is this true?
Additional Details
Thank you for the replies. I will be seeking advice from the CAB. My debt is a small one of only £300 and is almost 10 years old now, I have been refusing to make payments to the 'debt collectors' as their attitude is vile, I do not respond well to people who try to threaten me and put fear into me, I will stick o my guns until I know my rights regarding the situation. |
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Jeanne R
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No, it isn't. Your friend is dreaming. |
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old know all
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No. The six year rule applies if the creditor has made no attempt to recover the debt in six years and the debtor doesn't acknowledge that the debt exists. Then the Courts will refuse to hear the case. Legally you still owe the money, but the debt cannot be enforced in Court. |
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zara2211
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http://consumeractiongroup.co.uk/forum/ |
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iffihadahammer
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Your friend is referring to the Statute of Limitations, which is 6 years in England and Wales. This means that credit debts become unenforceable if 6 years go by and a) no payments are made b) you make no written acknowledgement that you owe the debt and c) the creditor does not get a County Court Judgment. If you make payments or acknowledge the debt the 6-year clock starts again (so you should be careful about writing to the creditor or collection agency if it is close to 6 years) - but if it ever goes past the 6 years the clock can never restart - the debt will always be barred. This doesn't wipe out the debt, but it means the creditor can no longer enforce the debt through the county court (or rather, they can try, but you can get it thrown out). If you notify a creditor that a debt is time-barred it THEIR responsibility to show that it isn't. They would need to do this to get access to a County Court Judgment. The Office of Fair Trading says that it is unfair to continue to pursue debtors for a debt that is statute barred, so in theory creditors should not even chase you for it once they have been notified. Different rules apply in Scotland and Northern Ireland.
This fact sheet sets out the rules in more detail http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act |
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deja1436
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Partly, but if your debt is from UK credit cards or personal loans taken out before 1 April 2007 it is possible they can be cancelled and would not be enforced by the courts. If that is the case get some advice at this website. |
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MamaB
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A debt, a Bank loan, may well be cleared from their books, which you could call written off, but believe me, it will come back to haunt you if they get half a smell of getting something back from you. I speak from experience. We knew the Bank we took a loan from had in theory written it off, but for some reason best known to them (we'd been making stupid payments throughout which weren't going to clear the debt in under 20 years!!) they decided to get tough and called in the whole of the remaining debt. We started getting Debt Collection letters big time and it was a nightmare because there was no way we could pay it all off.
However, eventually because this was affecting me mentally, with the help of a relative, we made them an offer, which thank God, was accepted and it was gone.
I suggest you contact Citizens Advice for help - they were amazing in fielding the efforts of the Collection people on my behalf and these things are usually better coming from an independent third party, with clout, in any case. Shows you are serious about sorting your financial difficulties out! |
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Mrs Bond
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The quick answer is yes.
the law states the limitation act of 1980 says that if the debt is not acknowledge in 6 years in England and wales, 5 for Scotland, the the debt is time barred, Also known as statue barred.
there version of acknowledgeing the debt is:-
payment how ever small
a letter saying that you acknowledge the debt or even a letter that does not say I DONT NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY (OR ANY COMPANY YOU CLAIM TO REPRESENT) the brackets part would be for a debt collection agency.
If you have any question register for the forums linked below or the one that zara mentioned and we can help you. |
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Daniel Owen
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No. |
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louloug
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I don't think that is true your friend may be getting mixed up with an IVA. This is where you pay one low monthly repayment for 5 years after which all your debts are cleared. |
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Jos62
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No. If you don't pay the debit for an accertain time the report goes to a department of the credit report, that I don't remember the name. After you clear the amount of debit it takes five years to clean your black list. |
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brightonsmiley
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Haha if only! |
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The OB King
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Old know all is right. The law says that if a debt has not been sought after and the debter has not made payment in 6 years, the court will not hear the case.
That however, does not stop the company trying to retrieve the money. If they send anyone to your door or keep sending letters, you then have a harrasment case against the company.
If they send someone who claims to be a bailiff then they would normally be acting outside the law as in order to have a warrant, they need a court summons. If the court won't her the case, how can they have a summons?
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TaylorProud
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A Bad Debt can sometimes wash off your Credit, after 10 years, but it is up to you to make sure by checking annualcreditreport.com
No all debt is not erased. Sometimes banks sell debt which means that the debt is renewed when it is sold to another collection agency, which keeps the debt on your credit report.
Best to work out a payment plan , pay it off etc.
They can get a judgement and garnishment. |
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Becky D
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no |
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Dwight D J
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7 years |
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