02 Mar 2024

A question about : Pestering by debt collectors!!!!

Hi all,

This is the first time I have had to use this so I hope someone can help and I thank you in advance. I am a full time student but I have debt from a while ago (over 8 years ago) and I can't really remember what it's for. So first of all should they still be chasing me for this and secondly even if they are within their right to do so can they chase me as I am a student (I heard a long time ago the debt collectors are not allowed to chase people that are unemployed/students). I only ask as their calls are non stop and bothering me at every point in the day. Thanks again.

Best answers:

  • Claire86
    What (if anything) are you receiving in writing in the post?
    Who is sending it?
    Who do they say the original creditor is?
    Ignore phone calls - possibly change number. If no paperwork then this might not be your debt.
    There is no employment status that gives immunity from your debts. Sorry.
    There is a Limitations Act making a debt unenforceable after a period (usually 6 years in England/Wales) but you'd need positive answers to those first 3 questions to engage with them on those grounds.
  • If you have debts that are more than six years old, then provided a County Court Judgement has not been obtained against you and you haven't made a payment or acknowledged the debt in that time, then they become statute barred.
    Statute barred means the debts still exist but you cannot be taken to court for them.
    However, if you owe money to the Government, this can be recovered via benefit/pension payments no matter how far back they go. And banks can offset any money you owe them by taking it out of any accounts you have with them.
    Students are not immune from being taken to court or being chased by debt collectors.
  • When they call, politely decline to discuss any matters by phone, and ask that they write to you, as you will only deal with them in writing. Insist that they remove your number from the file and do not contact you by phone again, or you will report them for harassment.
    When the letters arrive, write back using the 'statute barred' templates and call it done.
    They can pursue you until given a legal reason not to, and being unemployed or a student isn't one. Statute barred with a refusal to continue discussions is.
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