Debt advice

[Morpheus9]

My partner recently recieved a letter from a DCA claiming that she owes £1100 from 1983 on a credit card issued by Barclays. She believes that she does not owe this money and has never had a CCJ issued against her in that respect.

Anyway a couple of days ago she recieved another letter stating that they would discount the amount of her "liability" by 80% if she made an immediate payment, the DCA have supplied no documentation to substantiate thier claim.

I personally think there is something decidely dodgy about this firm what is the best way to deal with these chancers.

[ummmm]

Have you googled the name of the DCA?

[vallaw]

Doesn't an unacknowledged debt lapse after 6 years?

[bednobs]

that's nearly 30 years ago!!

[bednobs]

debts never lapse and people can carry on asking for them forever. However after six years of no communication from either side they become statute barred which means they are not enforceable through the courts. they can still ask though.

[ummmm]

No vallaw...they just can't take you to court for it.

Personally...I'd bin the letters.

[vallaw]

Try this:
http://www.payplan.co...mitation-act-1980.php

[Postdog]

http://www.payplan.co...mitation-act-1980.php



I'm no expert, so can't advise, but the 1983 part of your post rang bells that maybe they are no longer entitled to chase very old debts. I still don't fully understand it but I'm posting the link I found just in case some of it applies to you.

[New Judge]

The debt is 28 years old. Under the Limitations Act most debts are usually not recoverable if no attempt at recovery has been made within six years. So even if the debt is genuine it is a little late now for efforts at recovery to begin.

I think would be inclined to write to the Agency simply denying that the debt is mine and see how it goes from there.

[themas]

The 6 year limitation is only on taking Court enforcement action. The debt still exists & can still be chased. If there was a CCJ (& this could have been granted without your partner knowing if she changed address) then the limitation does not apply at all.

But 28 years is ridiculous. Do as New Judge suggests (make sure any contact is in writing & keep a copy & send recorded delivery. If they phone keep a record of date & time of call, name of person calling & what was said).

If they still insist on chasing tell them they have to provide proof of the debt.

[Morpheus9]

Thanks for that I did a google of the company (Ruthbridge) and found out that they were on BBC watch dog in Feb 2009 for very dubious practices.

[Eve]

Could there have been previous attempts she didn't get due to change of address or similar?

[joko]

just ignore it...or deny it ...let them waste their time

[Whickerman]

Don't deny it and DON'T ENGAGE with the company. Quite a few times they'll get a name and blanket post to everyone they can find with that name. Any form of acknowledgement - even a letter denying liability - ensures they know you exist and they move you to top of the list to chase. Ignore the letters.