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Additional Details
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john m | Am i liable for a debt of 10 years old in the england? |
i entered a finance deal to buy a car then i had problems with the car it leaked water in several places after much argument the car was returned now a debt agency has sent me a letter 10 years later saying they now own the finance companies debts and are threatining me with (licensed debt collectors) no mention of court proceedings just nasty tone to the letter what is my position legally in this |
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IconNick
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Idle threats - ignore them, they are just trying to scare you. No actions by any party in a 6 year time period invalidates any claim that they may have. |
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Steph007ess
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I know from experience:
If you admit to the debt as ever being your in the past you are suckered and will have to pay.
If you just ignore it - you will get about ten letters but then it will go away - you are not liable for a penny because of the age of the debt. Do not admit to it and plead ignorance. Even though they know its you they have to hear it from your mouth for it to become reinstated and payable.
It is as simple as that. As the debt was sold on to them it is now a 'new debt' but ONLY if you acknowledge it.
If you have acknowledged it just verbally just hope they didn't record you. If you acknowledged it in writing / to more than one person you are screwed. |
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katrinasfather
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NO JOHN NO JOHN NO. |
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Ollie
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Hi,when you returned the car you should have demanded a letter stating paid in full.I would go to the citizens advice.Good Luck |
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coralmoriarty@btinternet.com
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no debts are wiped off after 6 years. if yoou have not paid it in 6 years then they by law cannot charge you |
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Big Bad Boris Mayor of London
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No they can't demand it after that time. Take that letter to the CAB and they will help. Debt collection agencies are just wide boys trying to scare people! If they phone you Deny you are the person on the letter or living there and even better pretend to be foreign they'll soon give up! |
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joediamonds12
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It is not legally enforceable as long as you do not acknowledge the debt. After 6 years of no contact with the creditor and if the creditor has not been paid any money then the debt becomes 'statute barred' meaning that the debt cannot be collected.
There is no such thing as debts being wiped away after 6 years, it still exists and if you make contact with the creditor by admitting you owe the money then the 6 year period will start from scratch again and they will legally be able to enforce the debt, but then only if they can prove the debt is yours. |
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jamesdean2002uk
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hell no !
totally ignore |
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Roy M
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Yes they can pursue you for the debt, plus interest if the they can prove that they have actively chased the debt within the last 6 years under the statute of limitations.
If you have moved house during this time and have not received any correspondence, it doesn't mean they haven't actively pursued the debt elsewhere.
It's wrong I know but that's how these companies get around it.
I'm sure it's easily got around as the car was returned as defective but responding to the letters now could put you in worse jeopardy.
My personal advice rightly or wrongly is to ignore the letters as I think they're just blowing smoke up your.... ;) |
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worm_master
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The Fair Debt Collection Practices Act is a law that forbids a debt collector to...
* Threaten you or your family with harm.
* Use obscene words when talking to you.
* Contact you at a bad time, such as before 8:00 a.m. or after 9:00 p.m., or in a bad place, such as at work.
* Telephone you without saying who he/she is.
* Use the telephone to annoy you.
* Give false credit information about you.
* Tell others about your debts
Within 5 days after you are first contacted, the debt collector must send you a letter telling you:
* The amount of money you owe.
* The name of the creditor who has employed him/her to collect the money you owe.
If you send a letter within 30 days after you were contacted saying that you do not owe the money, the debt collector must not contact you again. He/she must then send proof of why you owe the money before trying to collect again.
Copyright, Credits & Usage. (AS OF 1992) It may have changed by now..
Hope this helps
Note 2 Roy M: he's not bankurapt nor has he declared bankurptory so he has no recourse under the site u listed. I jsut checked your site it dosent look very reputrble 2 me and i quote!!!! "Our bankruptcy help team are experts in constructive lateral thinking within the confines of current insolvency law which includes new types of IVA's, debt management programs, tricks to stop creditors from sending you letters, phoning you or appearing at your doorstep; but best of all, ((((((how to make you debts simply disappear!")))))) bollocks your debt's dont just magicly disapear. Most times it takes 4-5 years 2 getouta debt! |
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caroljohnson13
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have a look on penaltycharges.co.uk they cover every thing from claimimg bank charges to debt collectors and give you letters to copy and paste as well as good advice its been such a helpful site for me
good luck when yyou log in go to forum and go through the listings you will come accross debts etc |
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