Arrow Global

[30loom]

advice needed please,
I've received a letter this morning stating as from 1st november 2013 i owe provident £239.00 and if i pay £191.00 in the next 30 days from the date of this letter they will pay the remaining balance owed, my problem is they wrote to me with my maiden name so i don't know how old the debt is i've been married for 13 years. Is it legal they can ask for a debt that is this old. Plus i didn't even know i had this debt i've had absolutley no letters or phone calls in all this time.

thanks in advance for any advice give

[charitynjw]

Re: Arrow Global

Hi 30loom, & welcome to Legal Beagles.

They can ask for it, but most debts become Statute Barred after 6 years*, & in Scotland the debt is wiped out after 5 years.
Hence the very generous (not!) offer.

*From the last time you paid into it or acknowledged it in writing.

[30loom]

Re: Arrow Global

if i just ignore it will they put a default on my credit file?

[FlamingParrot]

Re: Arrow Global

advice needed please,
I've received a letter this morning stating as from 1st november 2013 i owe provident £239.00 and if i pay £191.00 in the next 30 days from the date of this letter they will pay the remaining balance owed, my problem is they wrote to me with my maiden name so i don't know how old the debt is i've been married for 13 years. Is it legal they can ask for a debt that is this old. Plus i didn't even know i had this debt i've had absolutley no letters or phone calls in all this time.

If no payments or written acknowledgment has been made, then the debt would be statute barred, in which case you could send them the following letter. Basically they can ask for payment but once they've been informed that the debt is SBd and you won't be making payments, they have to stop bothering you.

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,

if i just ignore it will they put a default on my credit file?

No, if the debt is that old, it would have been defaulted years ago and the default would have dropped off also years ago.

[30loom]

Re: Arrow Global

Thank you both :santa_smiley::santa_smiley: