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Contact the national debt line, you can google the number. They are extremely helpful and will be able to send you a template of a letter telling the debt company to stop harassing you as the debt is statute barred due to you having no contact with the debt agency for over six years,then send it recorded delivery,its like a magic wand!
The OP needs to find out if there’s a CCJ in place with this first, it could be they’ve been trying to contact him for a period of time and this is the first contact he’s received.
Like everyone else has said- check to see if you have a CCJ via your credit file.
If they have, please still do not pay this. Go to citizens advice and ask for help in filling in the forms to set aside the judgement. This gets rid of the CCJ and puts the burden of proof back on the claimant to prove you owe the debt, which it is very unlikely they will be able to do if it’s not under your email or address. It’s for the claimant to prove you owe the debt, not for you to prove you don’t.
Good luck!
Be warned though, CCJ’s sometimes don’t show up on the credit info you can get from companies like Experian.
I had one against me an knew nothing about it until I applied for a mortgage. The mortgage broker couldn’t discover it and initially Experian couldn’t either! It related to a property I owned where the company had been sending demands for payments to the wrong address!
I went to court and had this removed but was unaware (as it seems were all parties involved) that the maintenance company had (as I understand it) illegally issued 2 CCJ’s for the same (what they saw as) debt. I had to go to court a 2nd time to get this removed and these two incidents caused me to miss out twice on moving house.
Applied to the court, filled in the paper work, attended the court… I was in front of the judge for about 60 seconds as the judge said the company were in the wrong and the CCJ against me had come about from their own mistake.
The CCJ is supposed to get automatically removed but I it wasn’t. I had to apply again to get it removed and eventually it was. The 2nd CCJ, when it came to light, for the same ‘failure to pay’ was similarly dealt with again with just a minute or so in the courtroom and with the judge admonishing the company for having created two CCJ’s for the same issue which came about from their own mistake of sending demands to the wrong address. This one was automatically removed from my record… but in the meantime I lost out on being able to get a mortgage to allow me to move.
I work in debt recovery. If the debt originated over 6 yrs ago then its statute barred and they cannot legally chase you for the debt. They might be just sering if you will pay without looking into it too much.
Technically CT does expire, it's just in practice they'll often get a Liability Order from the Mags Court v quickly which would stop it being statute barred.
LO only last 12 months so they’d need to renew the LO annually which after a period of time without contact with the debtor might be more difficult to get approved
DO NOT ADMIT TO THIS DEBT
I recently had £1,800 written off as it had been over 6 years since there’d been any contact about it or payment made to it.
I found a template statue barred letter template and sent that. It’s really important to not admit to the debt in writing. I didn’t sign my letter so they wouldn’t have a signature to forge.
Good luck, it should be written off.
IANAL. Debts are statute barred after they surpass the end of year 6 of no contact for the Respondent, meaning they cannot lawfully enforce this debt. By responding, you are acknowledging its existence so - so wise not to reach out to the company directly. I agree with what Sapphire said.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Contact the national debt line, you can google the number. They are extremely helpful and will be able to send you a template of a letter telling the debt company to stop harassing you as the debt is statute barred due to you having no contact with the debt agency for over six years,then send it recorded delivery,its like a magic wand!
The OP needs to find out if there’s a CCJ in place with this first, it could be they’ve been trying to contact him for a period of time and this is the first contact he’s received.
Thank you this is very helpful
Harry Potter: “begonussbastardus!”
Like everyone else has said- check to see if you have a CCJ via your credit file. If they have, please still do not pay this. Go to citizens advice and ask for help in filling in the forms to set aside the judgement. This gets rid of the CCJ and puts the burden of proof back on the claimant to prove you owe the debt, which it is very unlikely they will be able to do if it’s not under your email or address. It’s for the claimant to prove you owe the debt, not for you to prove you don’t. Good luck!
statute barred it's older than 6 years. Unless you have made contact or payment debt can't be chased.. look online for a letter template.
This is the correct answer. Breach of contract claims are barred after 6 years. Statute of limitations.
Be warned though, CCJ’s sometimes don’t show up on the credit info you can get from companies like Experian. I had one against me an knew nothing about it until I applied for a mortgage. The mortgage broker couldn’t discover it and initially Experian couldn’t either! It related to a property I owned where the company had been sending demands for payments to the wrong address! I went to court and had this removed but was unaware (as it seems were all parties involved) that the maintenance company had (as I understand it) illegally issued 2 CCJ’s for the same (what they saw as) debt. I had to go to court a 2nd time to get this removed and these two incidents caused me to miss out twice on moving house.
How exactly did you have the CCJ removed?
Applied to the court, filled in the paper work, attended the court… I was in front of the judge for about 60 seconds as the judge said the company were in the wrong and the CCJ against me had come about from their own mistake. The CCJ is supposed to get automatically removed but I it wasn’t. I had to apply again to get it removed and eventually it was. The 2nd CCJ, when it came to light, for the same ‘failure to pay’ was similarly dealt with again with just a minute or so in the courtroom and with the judge admonishing the company for having created two CCJ’s for the same issue which came about from their own mistake of sending demands to the wrong address. This one was automatically removed from my record… but in the meantime I lost out on being able to get a mortgage to allow me to move.
I work in debt recovery. If the debt originated over 6 yrs ago then its statute barred and they cannot legally chase you for the debt. They might be just sering if you will pay without looking into it too much.
They can chase you all they like...for decades if they feel like it. It just won't be enforceable in court.
[удалено]
In England, thanks
Is there a ccj associated with the debt?
How could I find this out?
Either ask the debt collectors, or check your credit report, it should show on there.
Council tax, council generated parking fines, magistrates court fines and HMRC tax debts don't expire.
Technically CT does expire, it's just in practice they'll often get a Liability Order from the Mags Court v quickly which would stop it being statute barred.
LO only last 12 months so they’d need to renew the LO annually which after a period of time without contact with the debtor might be more difficult to get approved
Don’t pay a penny. Don’t confirm liability in writing. It’s statute barred so long as no CCJ.
DO NOT ADMIT TO THIS DEBT I recently had £1,800 written off as it had been over 6 years since there’d been any contact about it or payment made to it. I found a template statue barred letter template and sent that. It’s really important to not admit to the debt in writing. I didn’t sign my letter so they wouldn’t have a signature to forge. Good luck, it should be written off.
IANAL. Debts are statute barred after they surpass the end of year 6 of no contact for the Respondent, meaning they cannot lawfully enforce this debt. By responding, you are acknowledging its existence so - so wise not to reach out to the company directly. I agree with what Sapphire said.
You miserable prick. You owe the money - pay it. Would you write off a debt from someone else ?