Debt over 6 years old

[Mooley]

Hi,

 

First time on the site and looking for a little advice.

 

Just been sent a letter from a debt collection agency for a debt that was apparantly defaulted 6 and a half years ago. This is the first letter received regarding this debt ever and I've got to say I haven't a clue what it's for!

 

I've read threads that say if the debt is over 6 years old and this is the first correspondance received in relation to it, then it is a 'dead debt' and I cannot be pursued legally for it..... is this true?

 

Alternatively, should I contact the debt company VIA POST and ask them for more details on the outstanding debt i.e. use one of the cca letter templates given on this site?

 

Any advice would be appreciated.

[lookinforinfo]

It is not quite as simple as that. The basic criteria is that you have not

acknowledged the debt in the past six years [and you can acknowledge it in

several ways-by paying money off is one, and writing to ask anything about it

is another].

It is also possible that the DCA may have applied a ccj on to your account

in the past six years, thus giving them another six years from that date

before the debt becomes unenforceable. It is unlikely that they would do

that unless they were in touch with you, since they would have to pay for the

Court fees themselves otherwise.

 

You really need to look at all three of your credit files [Experian, Equifax and

Call Credit] to see what there is on them. If there is nothing showing on

your files about the debt, and you are sure you have not written to anyone about it in the last six years, then you can be pretty certain that the debt is out of date.

 

Best not to write to the DCA since if not worded correctly, can restart the debt. If you do write, ensure that you never refer to it as "my debt" and

always include the words " I do not acknowledge any debt".

 

Keep the letter from the DCA, and any subsequent ones since if the debt

is out of date and/or not yours then you can complain about their pursuing of

you.