can we still be chased for money?

[wifeandmum]

About 10 years ago, my husband had a shop which had only been opened for 5 months and it got robbed and the insurance wouldn't pay. He had quite a few debts to do with the business and he also had bought a 3 piece suite in his name. After this happened, we split up and my hubby had a nervous breakdown. A couple of years later we got back together.
It has just come to light that my hubby never paid his debts and now the one from the 3 piece suite has sent him a letter at our new address. It has come from a solicitor. This is from 10 years ago. He only made one payment on the settee and then the insurances on it paid for a few months and then he moved. they have added loads of charges on and I am worried sick. can they still chase him after all this time and also can anybody else chase him from the other debts he had back then.

[Loosehead]

They can if the debt has been acknowledged with 6 years. Have there been any contact with them or the solicitors within the interim? Leaving aside for a moment the moral implications of welshing on payment I would say they are trying it on.

As a general rule debts only die if they remain "unclaimed" for 6 years.

Worth talking to your local CAB on this they will have up to the minute legal advice.

[innocenti]

If your husband has never made a payment for 6 years or made any acknowledgement IN WRITING in the last 6 years and providing there isnt a CCJ in place then no, the debt cannot be enforced.

They can still legally chase the debt but they cannot take you to court and cannot send baliffs round.

[wifeandmum]

Thanks for your answers. He certainly hasnt claimed the debt or been in contact with them for at least 9 years.

I don't know if a ccj has been issued, these letters are just asking for money and the last one said that they were sending a debt collector round but this was a few weeks ago. what do I do if someone comes to the door?

[innocenti]

dont worry about it. A debt collector is somebody who works for the company. They have no authority and no legal status. They have as much right to enter your home as I do. You dont even have to answer the door to them.

If you look on the net you can find some letters to download called "Statute Barred", you can print them off and post them (recorded delivery) to the debt collectors, basically it is just saying that the debt is statute barred and they can go away!!

If there is a CCJ in place it is up to them to prove there is but by the sounds of it there isnt so unless they can prove that there is one dont worry about it. There is nothing they can do and they cannot enforce the debt.

[wifeandmum]

Thankyou so much!