not really an iva question but...

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sprowstonboy

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Post by sprowstonboy » Fri Aug 06, 2010 5:17 pm
apologies for posting this here but i'm not entirely sure where else i can get advice.

The problem is that one of my favourite DCA's has been on Mrs Sprowstonboys case. It seems when she moved from Scotland an RBS account was not closed down. This took place in July 2001, post was redirected until Sept 2002. Anyhow Fredrickson's has tracked her down in the last 2 weeks and are demanding payment of £350. No idea how that is calculated, as we have no idea of the original debt! Anyhow what is most annoying is there has been no contact from RBS in that time, she lived here under her maiden name till August 2003 so they had ample opportunity to trace her in those two years but we had no contact, not even a statement from them which may have averted this larger bill (i'm assuming that a lot of it is penalty charges and interest).

Question is...where do we stand and is any of the debt statute barred?
 
 

Shining

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Post by Shining » Fri Aug 06, 2010 5:20 pm
Michael Peoples commented on a post earlier today:
If there has been no attempt to collect the debt and your friend has not acknowledged the debt, it cannot be pursued after six years. The debt is still effectively owed but the creditor cannot actually take action to recover.

If she has made any payments in the intervening period or acknowledged the debt the six year starts again at this point.

Is that any help? xx
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

sprowstonboy

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Post by sprowstonboy » Fri Aug 06, 2010 5:29 pm
that's great thanks!

Can someone just clarify what is meant by 'acknowledge' and is there any implications in terms of credit rating?
 
 

Shining

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Post by Shining » Fri Aug 06, 2010 8:37 pm
I copied it from Michaels comments to an earlier post as I thought it was relevant. I am assuming that acknowledge means to say the debt is hers? One of our professionals will be along soon to give excellent advice. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kallis3

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Post by kallis3 » Fri Aug 06, 2010 8:45 pm
I think you are right Lesley. Hopefully someone can come on and confirm or otherwise.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Sat Aug 07, 2010 11:49 pm
If you have responded to any of the correspondence in the last six years, or acknowledged the debt, this will mean that the statute of limitations only starts to clock from the time of that last correspondence.
Regards, Melanie Giles, Insolvency Practitioner
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