I am being chased for repayment of a loan taken out by me in 1999. I have had no contact for over the 6 year period with creditors, however it seems that payments have been made to the account up until 2005 but not by me. Where do I stand? can they come to me after all this time for repayment?
Hi. The debt was definately only mine. I am assumming it must have been my Ex husband as the loan was made part of a DMP just after we divorced in 2000, however I did not continue with any payments to it and it looks like he did. However I am only guessing as I cannot think of anything else it could be.
MelanieGiles wrote:
Hi there and welcome to the forum
Who would have been making the payments over the last six years to the account? Is it a joint debt with someone else?
I think that you need to establish this before seeking further advice. If the account has been serviced in the intervening years, it may be doubtful that you can argue to avoid the debt under Statute of Limitations rulings.
Should I write to them still not admitting or acknowledging the debt and disputing the payments then? Do I have a right to ask them to find out who made the payments and how or does it not really matter, can they just take me to court for it anyway no matter who has paid?
Yes - you do have the right to find out information about your account - but if you believe the debt is payable then you ought to pay it, and perhaps say thank you to the person who has been making the instalment payments in the meantime.
I take on board what you are saying about paying the money back, I was enquring about whether or not the 6 year rule applied as I have had no contact with them or made a payment for over this amount of time. However, I will not be passing on "thanks" to the person who made the payments in the meantime, this is the final nail in the coffin to me from him, Maybe if he paid the amount of arrears due to me for child maintenance for 8 years I would be able to repay this loan 5 times over, so No I will not be saying thanks to him! Thank you for you replies.
Sorry Kirstens - I did not mean to stir up bad memories for you. Men who do not honour their child maintenance payments, are the lowest of the low in my humble opinion. Was this debt a joint one - I just wonder why the creditor has decided to contact you after such a long time?
No problem. No this was a debt just in my name taken out in 1999. I have no idea why they have just decided to contact me but it is through a Debt collection agency, they are saying it is not statute barred because the last payment was made in 2005 and they have sent me a statement showing payments made to it ending in July 2005(although not the full amount). Im not disputing the fact that I took out the loan- my issue is the time it has taken for them to contact me and the fact that it is not me who has made the payments.Am I still liable after all this time, If so then fair enough I will have to pay it back.
