Old letter / debt from 2007

[DennisPennis]

In 2007, I cancelled a phone contract due to poor service but the phone company refused to accept it. I stopped paying the direct debit and then a few months later starting receiving debt letters. The amount outstanding is around £200.
These stopped and then when I changed address they started again. Recently I have been getting phone calls (I never answer them as they are from an unknown number).

I never bothered to pay this up with a debt collector as my assumption was that for such a small amount they would never send a debt collector out to get the money.
However, the calls are starting to get annoying (once per day from some agency). They usually stop for a fe wmonths then startup again, I'm not sure what happens but the debt seems to move from agency to agency every few months.

Secondly, isn;t this debt supposed to have disappeared after 6 years now?

[Rohan]

Re: Old letter / debt from 2007

Hi,

A debt becomes statute barred (unenforceable in court) after 6 years if there has been no payment or unequivocal WRITTEN acknowledgment of the debt in 6 clear years (5 in Scotland), in England and Wales the debt still exisits and the ''creditor'' can still seek payment. In Scotland the debt is extinguished.
The OFT Guidance On debt collection states '' it is unfair to pursue for payment (of a statute barred debt) once the debtor has informed the creditor in writting that the debt is statute barred, to continue to do so may amount to harassment.

[FlamingParrot]

Re: Old letter / debt from 2007

In 2007, I cancelled a phone contract due to poor service but the phone company refused to accept it. I stopped paying the direct debit and then a few months later starting receiving debt letters. The amount outstanding is around £200.
These stopped and then when I changed address they started again. Recently I have been getting phone calls (I never answer them as they are from an unknown number).

I never bothered to pay this up with a debt collector as my assumption was that for such a small amount they would never send a debt collector out to get the money.
However, the calls are starting to get annoying (once per day from some agency). They usually stop for a fe wmonths then startup again, I'm not sure what happens but the debt seems to move from agency to agency every few months.

Secondly, isn;t this debt supposed to have disappeared after 6 years now?

The default would drop off 6 years after it was recorded, if that's what you mean by 'disappear', otherwise the debt could be statute barred, but that depends on when you last made a payment or written acknowledgment.

[FlamingParrot]

Re: Old letter / debt from 2007

Hi,

A debt becomes statute barred (unenforceable in court) after 6 years if there has been no payment or unequivocal WRITTEN acknowledgment of the debt in 6 clear years (5 in Scotland), in England and Wales the debt still exisits and the ''creditor'' can still seek payment. In Scotland the debt is extinguished.
The OFT Guidance On debt collection states '' it is unfair to pursue for payment (of a statute barred debt) once the debtor has informed the creditor in writting that the debt is statute barred, to continue to do so may amount to harassment.

Indeed, they should stop chasing once they've been informed in wrting, to that effect this is the letter to be sent:

Dear Sirs

Re: Statute Barred Account xyz

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully,

[DennisPennis]

Re: Old letter / debt from 2007

Indeed, they should stop chasing once they've been informed in wrting, to that effect this is the letter to be sent:

So, you contact the debt agency? Isn't there a chance that they will just follow up even more then as you are confirming they have your correct address and number.
Secondly, how do you know at what point the clock started ticking on the 6 years?
I know when I stopped paying but they may not have issued it as bad debt until many months later.

Thirdly, surely a debt agency won't bother for a measly £200 even if it 5 years and a few months...bigger fish to fry.

[wales01man]

Re: Old letter / debt from 2007

When did you stop paying? We are getting letters for 3 years now for a debt a little over 200 quid some never give up

[FlamingParrot]

Re: Old letter / debt from 2007

So, you contact the debt agency? Isn't there a chance that they will just follow up even more then as you are confirming they have your correct address and number.

The letter clearly states that you are aware that attempting to contact you after you inform them that the debt is SBd amounts to harassment. DCAs buy debts in bulk without any paperwork, they wouldn't be expected to know that this is SBd unless you tell them. :director:

Secondly, how do you know at what point the clock started ticking on the 6 years?
I know when I stopped paying but they may not have issued it as bad debt until many months later..

If you are referring to a default on your credit file, those are normally recorded 3 to 6 months after your first missed payment, but those are just guidelines. The exact date when the clock starts has been the subject of much discussion, but you can assume a month after your last payment. :clock:

Thirdly, surely a debt agency won't bother for a measly £200 even if it 5 years and a few months...bigger fish to fry.

A debt agency HAS bothered me with a £57 debt which was allegedly settled and most be just a few months away from SBd. They probably have surplus paper and ink!

[DennisPennis]

Re: Old letter / debt from 2007

A debt agency HAS bothered me with a £57 debt

as in turned up at your door?

[wales01man]

Re: Old letter / debt from 2007

we had em turn up at the door for a little over 200

[FlamingParrot]

Re: Old letter / debt from 2007

as in turned up at your door?

Not quite, but they did threaten to do so!

[wales01man]

Re: Old letter / debt from 2007

If the turn up tell them to go forth and multiply or something similar they have no rights or legal powers

[charitynjw]

Re: Old letter / debt from 2007

Not quite, but they did threaten to do so!

Just show'em the relevant claws, FP!

& the beak!