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Additional Details
oops...
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AJF | Can a creditor demand payment of a debt over 5 years old which is in a different surname to the one I have now |
I have been contacted recently by a creditor demanding payment of a debt which is in my previous surname, and is over 5 years old (I have been married for 5 years and haven't used this surname in all that time). Can the creditor demand payment, or should I dispute that I owe this debt? The debt was bought by an agency who have just threatened "to send the boys round" to discuss this in person with me after only sending me two letters previously neither of which contain much detail other than the amount they expect to be paid. Any advice would be gratefully received. |
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malak
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If its a lawful obligation, and the statute of limitations isn't up, then sure, they can demand payment. Getting married and changing your name doesn't have anything to do with it, especially if they have your social security number. I don't get the "send the boys around" part though, sounds more like a loan shark than a legitimate debt. Then again, if its for a car or something, maybe they're planning to repossess whatever it is. You should contact an attorney. |
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coulditbemanilow
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Yes it doesn't cost a lot to see your marriage certificate that shows that it is you, and yes they have bought the debt and they'll be round to get money or take goods to the value of the debt.
Plus of coarse there will be a matter of their charges which they are fully entitled to take on top of the debt.
Try and sort it before they come round they will not leave without payment or goods to the value of the debt. |
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Carol
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You know full well that you made the bill before you were married and just getting married isn't enough to get out of paying it. Why would you wait 5 years? They can send someone out to discuss payments, call them to make this payment schedule and you may clear your name. As you said you were contacted 2 times before so pay it. |
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alatoruk
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errr - if the debt is yours of course they can.
when you get married you know, they dont just forget about your previous name, it is still linked to you.
as are all your old addresses as well. |
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pianojono
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Let's cut the American c r a p - you're on the UK site so I assume you're in the UK too. If that's the case, tough! Change of name means nothing. Debts up to six years old are still legitimate. |
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Paul D
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Sadly I think they can. Your name change is irrelevant to this matter. You could question why they have only bought this now but if you are aware that you owe the money then you need to repay it possibly with interest regardless of the length of time that have passed.
If you dont know what they are talking about then its a slightly different matter and the threat to send the boys round weakens their case to get the money and is definitely a threat which should be reported to the police. If you genually were not aware of this debt you should write to them asking for specifics etc but dont ignore the problem. |
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Amanda K
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I have been through something similar recently albeit the debt was three years old.
It took over six months to get an original bill out of them and the actual debt turned out to be a third of what they originally demanded.
A bailiff has no right of entry and if they enter your property uninvited they are breaking the law. However, if you do owe the money they can take it further and the cost to you will escalate it.
Do not ignore this, contact them and start negotiations. |
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Thomas M
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States have debt laws on how long a debt can be held over your head. A judgment has to be brought against you in most cases within that time frame otherwise forget about collecting that debt, especially unsecured debt such as credit cards. See www.privacyrights.org for a listing and links about dealing with knuckleheaded colection agencies. What you have here is a telephone version of phishing. They locate a person, deserved or undesreved, about some ancient, beyond the limit debt, call that person and threaten some action in an attempt to get you to acknowledge that you owe money, which can possibly restart the clock on the debt. Say nothing, not even your name/identity (who says the info you give won't be used for identity theft and that thes guys are legit?? did you think of that?). Seriously - zip it up. Do not speak with them AT ALL. Any info you provide will, will, will be used to screw you. Your State attorney general handles any illegal debt collection activity in your state. See if your harasser is on www.ripoffreport.com. Also Google or search engine -ZOMBIE DEBT COLLECTOR - for more info, this is the common finacial slang for these types and a number of articles from financial news organizations have covered this U.S. federal trade commision "fair credit act" related issue...."Send some of the boys around" geez what morons. I scrape these jackasses off my shoe nowadays but before I knew the deal I was you like you - don't fret. Everyone deserves a second chance at financial life. |
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pcg2645
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yes they can pursue you for the outstanding money, the time period is 6yrs in which to take action, however this means that they could take further legal action now against you which would restart the time period, additionally if you owe over £750 they could issue you with a bankruptcy order which if given ( highly probable if they are able to provide the court proof that you owe the outstanding amount and have done all you can to avoid the liability of payment) a bankruptcy order could result in the loss of your home and make gaining credit in the future near impossible.
you would be well advised to come to some arrangement with them for payment, even if it meant that you supply a 'means' form showing that you can only afford to pay one or two pounds a week.
At least if you have made an offer to pay its very unlikely that if they do instigate legal proceedings that the court would order any further sanctions against you. |
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ketav
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Pl let me know which part of the world u r in. Then I can post a suggestion. Each country has its own laws and regulations. Tred carefully. |
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supercreditguru
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Each state has laws as to how long certain types of bad debt may legally be collected. I put a chart in my book about that.
I suggest that you call the Attorney General in your state and ask. They will ask you if the debt was secured or unsecured. They may ask you if a contract was involved. Definitely complain about this company when you call.
you might like www.LearnAboutCredit.com |
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martin r
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yes |
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Veston Pants
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Call the Police and advise you have been threatened with violence. This should slow them down a bit. |
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