Unacknowledged Debt

[jaycee401]

In short i won a land reg tribunal case in 2008,the adjudicator told my ex if he wanted to peruse me for money he would have to issue court proceedings as he failed to get a unilateral notice on my property. Basically he wants some .more money from the property i bought him out of and wants me to pay half HIS credit card bills. I have never acknowledged any debt. He started persuing this in 2006. In June this year up to now i have received 3 letters from an entirely different solicitor firm saying if i do not pay him £x he will take me to court. I ignored all letters. Today i receive a further letter saying because i have ignored them they will advise their client to instruct a debt collector if i dont respond in 7 days. Can you instruct a debt collector if there is no proven debt. I have had this foul mouthed violent ex on my back now for 7 years and frankly can't take any more. Any advice much appreciated

[factor-fiction]

I am not sure that failing to acknowledge a debt for so many years would make it 'time barred'- I thought it would only be if they to chase you for a debt in that period. But I'll have a look at the rules

[factor-fiction]

I don't see how they can appoint debt collectors though without a valid debt existing. The solicitor may be trying it on.

[Peter Pedant]

dont answer
just wait

They can instruct whom they like for whatever purpose - the Pople to pray for them/you and so on

can a debt collector take money off you off you without a court order ?
no, Only if you give it to them !

[jaycee401]

Thanks for replies. I think they may be trying it on as all three previous letters threatened court action and this one advising their client to instruct a firm specializing in debt recovery. So how come they are not takin g me to court now? All hot air but if they send any more letters could they be deemed as harrasment?

[jaycee401]

Thanks Peter what do i do if i get a debt collector letter or worse a bailif at the door? Is their any action i can take towards the ex as i feel he will never stop harrassing me, my husband has received 3 "anonymous" letters saying what a *** etc and money grabber he has married, we have had text phone messages making out my husband is having an affair. I have old police records on him for violence and reported the anon letters and phone calls to the police who went to pay him a visit but was never home no to my knowledge rang the police when they left a calling card. Police are useless they never got back to me. I know they dont like domestics.

[Peter Pedant]

J-C
A bailiff can only take money off you with a CCJ
Basically they cant get a CCJ without you knowing....

Harassment - basically no

The usuak suspects may be along later
but this is a non started - the only thing you need fear is fear itself.

[jaycee401]

Thanks Peter

[atalanta]

Surely a debt can only be pursued if there is some sort of evidence that it exists ?
Otherwise I could start sending letters to the Prime Minister telling him that his policies have cost me umpteen thousands of pounds, and he must pay up - or else ?
Go to the Citizens Advice Bureau, who will almost certainly put your mind at rest

[jaycee401]

The last letter said if no response in 7 days they will advise their clent to instruct a firm specialising in debt recovery. Am I right in thinking this will be a firm of debt collectors or will it be a different law firm dealing in these matters? The CAB already have a file on him from when I went to see them about him harassing me etc. I will make an appointment with them again.

[themas]

1. He was told in 2008 he must issue Court proceedings to make a claim. He hasn't done so. There is no debt.

2. If he does instruct a firm they will be debt collectors (although some debt collectors are part of solicitor firms & may go under a solicitor's letterhead). Their first contact is almost invariably by letter. You can either ignore it, or write back (recorded delivery, keep a copy) telling them the facts - i.e. you dispute that there is a debt & why. Ask them to return the case to their client.

3. If anyone is sent to see you (very unlikely) they will not be bailiffs (although they might try to pretend they are) because a CCJ is essential before bailiffs can be instructed. They will simply be debt collectors who have no rights & no powers. Do not let them in. Tell them you do not owe any money & they are to leave. If they display any aggression tell them you will ring the police.

4. Unfortunately, there is nothing to stop him instructing a succession of debt collectors. If he does, at some stage this could come under harassment legislation. CAB should be able to advise you on the implications.

[jaycee401]

Many thank for your reply Themas. Much appreciated.