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dizzy | Got letter today asking for a 13 year old debt to be paid. This is the first letter i have had. Do i still pay |
The letter i received was from a debt collecting agency telling me to pay in full within seven days. I heard somewhere that if you receive nothing about a debt for six years then you do not have to pay, This seems odd but i thought i would ask the question anyway. |
 |
 
RAY
 |
Further to Crazy's answer which covers the US... here's the situation in the UK.
Yes there is a time limit on enforcing the collection of debt it's covered by the Limtations Act of 1980.
In briefest outline the basic time limits specified by Limitation Act 1980 (currently under review) are as follows:-
arrears of rent - 6 years (s.19)
contract (normal) - 6 years (s.5)
contracts (specialty - eg if under seal) - 12 years (s.8)
contribution towards a judgment - 2 years (s.10)
defamation - 1 year (s.4A)
enforcement of judgments - 6 years (s.24)
personal injury and death - 3 years (s.11 )
recovery of land - 12 years (ss15 and 17 )
tort (other than personal injury or death) - 6 years (s.2)
So they can write you all sorts of snotty letters, but wouldn't have a leg to stand on if they tried to enforce collection. Sounds to me like they're just hoping you'll pay up.
The best advice is, as others have stated, to go and see the Citizens Advice Bureau. |
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bill.oreilly@btinternet.com
 |
Go and get advice from your local Citizens Advice Bureau - it's not quite straightforward but there is a chance that the debt is out of time. |
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Angela M
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I agree with JoJo, usually a debt becomes obsolete if it is over six years old. If you acknowledge the debt and pay anything towards it, your six years will start all over again. I would advise you to ask at the Citizens Advice for clarification. Good luck.... |
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Crazyjester9
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Wow, you people here in the personal finance section need to do some more research.
Assuming you are in the United States, each and every state has a statute of limitations stating how long you have a legal obligation to repay the debt. Looking at the link below, only Ohio has a SOL longer than 13 years for some debts, so you are likely in the clear.
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
Unfortunately you did not state what this bill was for (credit card, medical, auto loan...etc) so I can't give you much more info on that, however if you want to put it in as additional details I'll come back and can edit my answer to include more.
For now, send this collection agency a demand to validate letter, and include a line about making them prove the SOL has not expired. By law (if you send this certified return receipt within 30 days of receiving their letter) then they must cease any and all collection attempts until they can validate the debt, and the chances of them being able to do that on a 13 year old debt are slim and none.
http://www.creditinfocenter.com/rebuild/debt_validation.shtml
And one of the posters here remarked that they can keep the debt active by adding interest and fees...well that isn't even close to true. The law for resetting the SOL is different in each state, but at the minimum you would need to make a payment on the account and/or sign a written acknowledgement of the debt.
Feel free to email me if you need more help, assuming you are in the U.S.A |
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Doctor Deth
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don;t even respond - it's past the 7 yr statute of limitations - you could deny it's you because it won;t show up on your credit report - if you ignore them, they'll give up |
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Irish Sean
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First off, is the bill legitimate? Did you receive the goods and/or services you're being charged for?
If so, I would contact the company you made the purchase from originally and discuss it with them.
The proper way to go about is to write them a letter inquiring about the collection agency letter and copy the collection agency.
This should at least buy you some time. |
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Angelstar
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If it is for Child maintenance - than yes you will have to pay. |
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stanthemansmum
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Ray and Dr. Deth are right. Do not even acknowledge this letter. They are trying it on. Under the Statute of Limitations Act this debt is now out of time and they cannot harrass you for it. |
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jojo87sept
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No there is a thing aboutt how if a company has not received a penny from you in 6 years its called statute barred i think. |
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tommy
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i agree with the good doctor...DONT RESPOND...as soon as you make contact, the 6 years start again [unless its for council tax, then im afraid the game is up, they have found you!!!!] otherwise if its a store card or loan etc, think their trying their luck |
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SENU_GUALAy :]
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That's outrageous. You need to call them and say this is the first letter I have received!
You shouldn't have to pay It if It's that old. |
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Ivan R
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Hello,
(ANS) YES! there is a great deal of confusion about old debts.
No.1- As far as my understanding goes there is No! such thing that after a certain time period that the debt is written off. Sorry! that's just plain wrong & totally incorrect (untrue).
No.2 an old debt remains live and outstanding until either its paid off or until the person dies. That's the truth and is correct in UK law.
No.3 - any outstanding debt remains the responsability of the person who took out the loan or credit. Its that simple, if you had the benefit of the money then its you who must pay it back.
No.4 - YES! Banks & many other organizations who incur debts from customers or clients might well sell on an old debt to a specialist debt recovery company. This is common practice in the financial world. Such debt companies only make money by fully recovering the debt.
No.5 - if you don't pay the debt, a) the bailiffs might want to take goods or assets to the value of the debt to have it paid off or b) it could possibly go to court to be decided upon. It depends upon the kind & nature of the debt as well as its size & age.
Ivan. |
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♥STREAKER♥©℗â€
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doesn't matter howold the debt is, you still have to pay. They just can't report it on your credit after 7-10 yrs. |
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Me
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Yes you have to pay.
Its something to do with the debt still being active, they will be adding interest to the amount you owe everyday and therefore the 6 year rule starts again every day.
It will have already been on your credit file, but now it will probably be wiped off. |
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