This is going to be very long winded!

[kat2206]

Approx 8-10 years ago I held an account with Nationwide, my husband, at that time had access to my card and pin number (stupid me)! He was suffering from alcoholism, when we split up, about a year later I closed the account.

Today, I received a letter from a debt recovery company advising that I owe £689.26 from this account. They advised that they had an address for me at one point of EN, Enfield... I have never lived in Enfield. He advised that he had spoken to me in April and the address/ phone number he held I hadn't lived at since November 2011.

Apparently the lady who presented herself as me advised the debt recovery company that she was contesting the debt (very kind of her) however I received the letter today following my son going to my old address and picking it up.

I am so confused, I want to pay this off and be done with it, I have never had any debt whatsoever. My OH has told me that I shouldn't pay it and contest it fully, however, the debt recovery company has told me they will continue to follow up with their actions to retrieve it.

They also told me that there was activity on this account in 2006, I haven't had this account since approx 2003.

Should I just pay it and let it go or fight it to the end. The debt recovery company are requesting the bank statements for me to look through though.

[Baldric]

I think some debts become 'Statute Barred' after a period of time (6 years) and as such cannot be collected.
google 'statute barred debt' and see if it applies to you, I think there are draft letters available on the net to send to recovery agents if this the case.

[ojread2]

How was the debt run up?

If you were in debt when you closed the a/c, they would not have let you close the a/c

I wouldn't pay it myself, especially given it was obviously a paid up a/c when you closed it - I agree with your OH

[ummmm]

That's not true Baldric. They only become unenforceable in court if the company that is owed money does not try to recover the debt within 6 years.

Obviously they have been chasing this debt so they can still take you to court.

If it isn't your debt I would fight it.

[cathfromsaron]

i think you should ensure you know all the facts and make sure they know that it wasn't you!

also, ensure nothing will be on your credit record by contesting it all the way!

a contested debt cannot be actioned until the enquiry is over, so rest your mind! i would state it wasn't you but hold back on blaming someone else *in particular* until you know more, as this will muddy your plea of innocence (as you did reveal your PIN)!

cath x

[cathfromsaron]

6 years applies to a dormant debt collection which cannot be reactivated ... not from the date of the debt first occuring! if you somehow acknowledge the debt (don't) but do not pay, the 6 years starts from their last letter again!

[tonyav]

I would speak to a solicitor or CA if I were you kat.

[SlackAlice]

If you closed the account and returned the card in 2003/4 then it's not your debt. Have you got anything from Nationwide, letter or Final statement to confirm closure? If you have I'd tell the debt recovery firm to bring it on and see them in court!!

[kat2206]

Is it worth sending the Statute Barred Debt letter or not then? This is the first time I have heard from them since I last used/ closed the account.

[kat2206]

Hi Slackalice, no, I haven't had any correspondence at all fromNationwide since I closed the account, or thought I closed it! No bank statements/ no replacement cards no letters of impending action...

[boxtops]

I'd go and see Nationwide, tomorrow, and ask to discuss this with someone. They will be able to see what activity has been on the account since 2003.
When you closed the account, did you both cut up the cards? It's concerning that the account doesn't seem closed at all. Was it your account and he had a card, or was it a joint account so you both had cards?

[boxtops]

^ and PS. only Nationwide can call off the debt collectors now, you need to speak to them not the debt agency at this stage.

[kat2206]

I rang Nationwide immediately after getting off the phone to the Debt Recovery Company, they couldn't locate any account in my name. I obviously didn't have any account details to hand but they did say that they would be able to locate the account with my name, address, date of birth etc... They couldn't find anything at all in my name.

[boxtops]

Go and see them then, with your documentation. Don't hang about!

[kat2206]

I think I may send the Statute Barred Debt letter, it can't do any harm...?

[boxtops]

Go and see Nationwide first - it could all be a dreadful mistake.

[kat2206]

I hope so! As I said, I have never been in debt and this is scary... A part of me just wants to pay it off and forget about it. I don't want Bailiffs et al coming to my door.

[boxtops]

... or, go and seek some legal advice on Monday, somewhere like the CAB, then go and see Nationwide. They'll be able to advise you about statute barring - but bear in mind NW think they have sent you letters and some other woman has pulled the wool over their eyes. I think you need legal advice.

[ummmm]

If it isn't your debt then why should you pay it?

Bailiffs can't come into your house unless you let them in or they are appointed by the court. If they do turn up, unlikely, then don't open the door.

[boxtops]

I wouldn't just pay it, kat - this is currently a debt against your credit record so you want to clear it, not roll over and accept it.

It might be worth spending a couple of quid and getting a credit check done by someone like Experian (that's who we use) just to make sure there is nothing else lurking..... it sounds horrid, but you need to know.

[TOWIE]

Kat - I would make an appointment with the Manager of the Nationwide - they are not infalable, they do make mistakes. Mr. Towie once had £78,000 deposited into his account (by mistake).

Like others have said, if its not your debt, then fight it.