when is debt written off

[juanny69]

How long is it before creditors write your debt off,i have been out of the country for four years and have recieved a letter,stating that i owe a company money from 2001,do i still owe this money,the company said it has used every avenue to contact meand that they have sent lots of letters,this is not so.

[Ethel]

Yes you do still owe this money. Why on earth do you think you don't?

[juanny69]

I dont remember ever borrowing this money,i was told that if the copany doesn't contact you within 6 yrs the debt is written off,i just wish to know if this is true

[princess81]

Yes that is true - if they company or any other company do not contact you about the debt for six years and you make no contact or payments they should be what is called barred from chasing the debt. My advise is this if you get any more letters do not open them and simply write across the address ( not at this address) and sent it back. If possible do not go on the entrol registar either for a few years.

[juanny69]

Princess,you are a princess,i have never spoken to or had any contact with the company.Thankyou very much for your non aggresive answer.

[innocenti]

Some of what princess81 says is true but it does depend on some factors.

First of all the company can still legally chase you for the money. If it has been 6 years since you made a payment or contacted them by in writing then the debt is statute barred. This means that they cannot legally chase you through the courts for the money. However, if they have taken you to court and obtained a CCJ then the debt is still enforcable and the 6 year rule doesnt work.

Why do you think the money is not owed? Is it possible that you forgot about it or maybe the debt has been bought by a debt collector so you dont recognise the name? Of course it could be that they have the wrong person (some one with a similar name to you) and they are mearly fishing.

I am not sure about not registering onto the electoral register. By doing this you are impacting on your chance to get further credit (if you want it of course!) and I wouldnt send them letters back either, just ignore them. Just say that the debt is not quite statute barred and they company does take you to court it is not going to look good that you have been sending letter back "Not known at this address" then the judge would take a very dim view.

I dont mind helping people to know their rights but I wouldnt advocate fraud.

[juanny69]

Thanks innocenti,i'm quite sure it's a loan my ex wife had in 2001 i am on the electoral role and have no intention of fraud,i have never heard ot the company,nor have i ever had any contact or made any payment to them,it's just disturbing to see my name on the letter and i do not want to contact them in any way,how do i find out if there is a ccj against me or if i am responsible for this debt without contacting them?

[innocenti]

The loan - Was this only in your ex wifes name or was it a joint loan? If it was in your ex wifes name only then you can tell them to get stuffed as you are not liable and they cannot chase you for it. If it was in joint names and she has defaulted then you are liable too.

The only way to find out would be to go to Experian and Equifax and get your credit report, if a CCJ has been entered in the last 6 years it will be on there. If there is a CCJ and it turns out the loan is nothing to do with you then you can get it removed.

My advice would be to contact them as you dont know what the debt is for. It could be a parking ticket or anything! If you know 100% that the debt is not yours then you have nothing to fear but if you dont get it sorted they will keep harrassing you and sending you letters. One debt collector got my OH's mobile number, I dont know how as the phone he uses is a contract phone registered to me!

The fraud comments were directed at Princess81, she shouldnt telling people to return letters and deny being at the address as if it was a real debt and you got taken to court the judge will view this as attempted fraud.