debts

[mamar]

my dad was contacted back in 2003 by a debt collection agency, they said that he owed �1700 to the abbey national and they were collecting it, so arranged to pay �10 a mth, he continued to pay this money untill july this year when the collector stopped coming. a couple of weeks ago he got a letter saying he still owed them �1300, and he should get in touch with them, his wife read the letter and brought it round to me saying that they had not had an account with the abbey for over 20yrs and when the account was closed the balance was transfered tp another bank, i have phoned the collection agency and they say they will look into it but what i want to know is can they chase this debt, if it ever was in the first place or is it to old, and am i right in thinking that debt collection agencies cannot take you to court because they only bought the debt .

[Ethel]

Debt collection agencies can take a debtor to court to enforce a debt.

A debt becomes statute barred (unable to be pursued through a court) six years after the debt was last acknowledged by the debtor. So this debt will be statute barred in six years time.

[innocenti]

Not true, once a debt is statute barred it remains statute barred even if you have made payments since it became so. You need to find out details about this debt and what is was for and if indeed it was for your dad and not somebody with a similar name. Dont pay anymore money either until you know what his debt is for.

[themas]

If the debt was statute barred (ie no payment made and no acknowledgement of the debt made for 6 years) when he was approached in 2003, then it is still statute barred. If it was not statute barred at that time, then the payments have prevented it becoming statute barred, & it will only become so if no payment is made, & no acknowledgement made, for the next 6 years.

All this assumes the creditor did not get a County Court Judgement for the debt before it ever became statute barred - if they did, then in theory it can be enforced for ever.

If the debt does relate to an account closed over 20 years ago then the likelihood is that it is statute barred. Insist on getting full details and don't pay anything more until they are provided.

[mamar]

thanks for your help x