Bad Debt recovery

[Neil6534]

How many years can I be chased by debt recovery agents for a bad debt? As I have recently been asked to pay a bad debt off which is now well over 6yrs old and the only reason they know my details is because Barclays Bank bought out the Woolwich a year or so ago.

[Ethel]

They can chase it forever. And it can show on your credit history forever.

However, it can only be bought to court within 6 years of the last contact you had with them - your last acknowledgement of the debt, whether this was a letter, a phone call or any other way of contacting the company.

[Neil6534]

Hi, thanks for the reply....I no I have not contacted them in any way....I have not responded to any letters or any phone calls for over 6 years.
The debt recovery letter states that they want payment by the 22-06-08 that they would take the matter further. What actions could they take? if they can not take me to court.
I also thought that if they had had no contact from me within 6 years that I could no longer be actioned against it.

[MrBounty]

If you are actively evading contact with the debt recovery companies, it doesnt mean they wont still be after you and not want their money back.

If you borrow money, then you should be prepared to pay it back - no matter the circumstances.
You borrow it, you pay it back.
If you dont, then you reap any action that comes your way.

There are ALWAYS ways to pay back what you owe to these companies.
If you watch day time tv, ads for debt management are on all the time.

Even after six years, these companies can still get their cash one way or another.
If it was that easy, we'd all be doing it.....

[Oneeyedvic]

The 1980 Limitations Act does indeed intimate that a debt is not pursuable after 6 years.

HOWEVER, section 32 is very clear:

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.

They therefore can take you to court and they can try and get a judgement and if that is not paid, then Attachment of Earning Orders or Charging Orders can be placed on you or your property.

[innocenti]

They cannot take you to court and it is up to the company to prove fraud. If you havent moved house or reported as gone away then you have not committed fraud. If you have moved you wrote a letter and sent it in the post informing them off a change of address and new phone number - didnt you ;-)

Basically they cannot take you to court and they know it, hoping you dont know about this and will pay up.

[Oneeyedvic]

sent it in the post informing them off a change of address and new phone number - didnt you ;-)

Of course - this is fraud and a criminal offense - but if you are happy with that......

[Neil6534]

Thanks folks for your replies....

As I see it then, providing I have notfied the lender of my change of address in writing then they can not chase me for the debt.

Providing I have notified them over 6 years ago of my change of address I am no longer responsible for payment of this debt.

The debt recovery agent has asked for full payment of a settlement figure - which I have not asked for - by the 22nd of this month.
I can either ignore this and see what happens, or ask for a repayment plan or ask for a better settlement figure?

Thanks for all the advice...this is a great site.

[LAW_DROP-OUT]

well ive never owed a bank or building society ,,,,,any money , i owed t , over , �200 ...... MOORCROFT who bought the DEBT from them ,,,,i told there representative , who i vaguely knew to tell his EMPLOYER to take me to court ,,,, that was over a a year ago ...... an i avent seen any court papers yet ,,,, and im still with BT ,...

[innocenti]

Oneeyedvic - Prove it. Prove i didnt post the letter and have committed fraud. Oh you cant. Just found a MAJOR flaw in your argument then.

[RevFunk]

Innocenti dont get the clergymen o here get started about debts lol

You'll be tarred and feathered before 1pm lol