Aged debt on credit report

[Sparky1979]

How long does a debt stay on your credit report?
I've heard that if the debt is approx 6 years old you don't have to pay it???

Thanks

[innocenti]

This is a letter to send to creditors as prepared by the National Debtline and I think it proves that I am correct and your company has been commiting fraud. -


I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I/We* 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.�

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states 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 contrary to section 40 (1) of the Administration of Justice Act 1970�, which again should you try and proceed to court I/we* will also use this as a defence.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now

[innocenti]

And another link for you -

http://www.nationaldebtline.co.uk/england_wale s/factsheet.php?page=25_liability_for_debts_an d_the_limitation_act

[Oneeyedvic]

Have a look at Section 32 of the Act:

Postponement of limitation period in case of fraud, concealment or mistake
(1) Subject to subsections (3) and (4A) below, where in the case of any
action for which a period of limitation is prescribed by this Act, either--
(a)
the action is based upon the fraud of the defendant; or
(b)
any fact relevant to the plaintiff's right of action has
been deliberately concealed from him by the defendant;
or
(c)
the action is for relief from the consequences of a
mistake;
the period of limitation shall not begin to run until the plaintiff has
discovered the fraud, concealment or mistake (as the case may be)
or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to the defendant�s agent and to any person through whom the defendant claims and his agent.

Moving house and not telling the Finance company is concealment. As said, debt does not conveniently just go away and a lot of lenders will pursue you until they have their money.

Most finance companies have their own in house solicitors / legal department and are well aware of the law and do not commit fraud (unlike a lot of people on AB)

As I mentioned, when you do eventually resurface, there will be lenders out there who will get Attachment of Earning Orders placed on you (and hopefully this will embarrass you to your payroll department)

[innocenti]

Not sure who you are talking to there but i have never advocated fraud and no embarrasment for me as i dont have any ccj's.

will get back to you later to address your points raised

[laney1982]

Right mr ethel.... i was a student nurse on the degree programme.... for the 3 years that they made nurses take out student loans instead of the burseries every other nurse got (we worked in hospital for entire summer holidays!!).they told me 4 years ago they would collect debt but havent bothered. i am quite happy about this cos im skint but how does it go when it reaches 6 years?
I happen to believe my situation is not theft cos we campaigned really hard fot eh system to be changed.... and it was.... just from the year after us!!!