fatbrit

Nope -- it's the answer here, though! If they want to sue you, they must serve a summons. Nothing you can say will help you at this stage, but it might very well help them, whether you know it or not.

You don't have to do or say anything. Don't! It's that simple. Your lawyer will thank you for it when s/he comes to defending you.

Michelmas

Listen fatbrit, I don't mean to be combative, but it seems we have opposing viewpoints on many things. My question here is why ignore it and let it get to the stage where lawyers need to get involved. It can probably be resolved equally well if a dialogue is opened early and avoid the costly lawyers involvement from the start.

fatbrit

The poster doesn't want to pay the debt. The best thing he can do....is do nothing. Debtor's prison went out with Dickens, I believe.

If he wants to open negotiations with the holder of the note, I'd suggest he does a lot of research first. I'd start the bargaining at 10% of the original debt ignoring their invented fees and no report to the credit bureaus. S/he should remember that the collectors are b*stards and the only real hope of coming out on top is to be a better-informed b*stard.

You seem to think that a couple of thousand buck debt will end up in court. I'd say the odds would be for it to time out after seven years provided he does nothing, especially wrt making any payment whatsoever to the collection company. They spend most of their time trying to get you to re-age the debt so it still has value. Don't fall for it!

augigi

If the OP offered them a reduced settlement last year, surely the time clock has been reset with regard to the age of the debt? Isn't it when you acknowledged that you owed it?

I'm another one in the "just bloody pay it" camp - why should some people get bloody free money, when I have to pay my bills?

fatbrit

Nope -- s/he actually has to make payment on the account. That's why they'll take anything you offer them to keep it going. Pay a single penny on a debt that's 6 years and 11 months since you last paid, and you've just shouldered yourself with it for another 7 years.

chartreuse

Are you sure? ISTR it's any communication acknowledging the debt and unenforceable after 6 years.

fatbrit

7 years and the debt will die unless they get you in court or you re-age it by making a payment.

Jerseygirl

He may not want to pay it....but he should pay it. It's the right thing to do.

chartreuse

Nope. I looked it up (sad git that I am) and it's the the Limitation Act 1980 Section 5: “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Which was a surprise, 'cos my memory was mumbling CCA.

But it does appear that any acknowledgement (not just a payment) restarts the clock.

ETA: That does not mean that the debt has ceased to exist, just that it cannot be enforced in the English courts.

fatbrit

I've no idea of the moral questions surrounding it. He hasn't given sufficient details for me to make such a moral judgment.

fatbrit

That's where we crossed. I'm in America.....and so's he AFAIK.

made of kent

I would pay it? £430! the minimum can't be that much? we have a debt of over £2000 in the Uk and the payment is £42 a month, we are paying it, the interest is about £30? so it is coming down slowly, we have been hand to mouth for months, and finally on friday sold our house in the UK at a £80,000 loss to what we had brought it at, which happily for us was enough to pay the remaining mortgage give us £4000 in our hand, guess where that is going?
I talked to the mortgage company many times throughout the past year, and at first they where extremely unhelpful, but I kept at it and eventually three months ago they agreed to interest only, which was lucky for us as we only had enough money for 1 more payment! and so we hobbled along, praying for the sale to go through!
so what I am saying is don't ignore, try talking to the company again.
but I think the calls asking about reposession and the buyer I had, cash buyer!! love them! finally paid off

yes we lost a lot of money but ultimately debt free, and I feel better for that I can sleep easy in my bed,
Oh and all the non payers course, us payers, to pay more
and if your company goes down the pan and you return to the UK, your credit history is shot!

chartreuse

And so am I. But I thought that he was talking about a debt from the UK, which (if unsecured) would come under the CCA provisions, which (more or less) restrict enforcement to the English (or Scottish) courts. Hence my focusing on English law. If it's a US debt then, of course, different laws apply.

As always, I make no comment about the morality or otherwise of any course of action.

fatbrit

I've corrected your mistakes for you. No charge!

fatbrit

Difficult to know who could claim jurisdiction. But the real point is whether they will even bother. The note has been sold on.....and as it ages, it's worth becomes less and less.