Debt collector call centre monkeys are lazy....
and will just call you every day with no reply, sadly for them, by the time they've sent round two very burly chaps with the relevant paperwork, the debt they are attempting to collect is statute barred.
( Sallyrsm, Sat 5 Sep 2009, 13:56, 1 reply)

Go on then...
...what statute are you relying on?
(Audax Victor, Sun 6 Sep 2009, 12:14, closed)

it's called...
Stolen from PayPlan's website:

The Limitation Act 1980

The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

The Limitations Act 1980 also has additional effects, depending on the type of debt in question:
Unsecured debt

You may have assumed that your creditor has "written-off" a debt if you have not heard from them for a long period. In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

Remember, creditors are still able to pursue an unsecured debt if:

* They have previously obtained a judgement against you (a CCJ);
* You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)
* You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.
(SarcasticBarSteward wants to be good at Photoshop when he grows up, Sun 6 Sep 2009, 15:08, closed)

Fair point...
...but 'contact' includes telephone calls made by the creditor even if they aren't answered because the debtor is ignoring them.

They'll have a log of all calls made and they are admissable in court so you'd be taking your chances with a judge if you think this'll work.

My other half tells me people try this ploy on her all the time and it hasn't worked in the 12 years she's been in the game.

The best thing you can do if you're getting calls from debt collectors is to speak to them and see if you can come to an arrangement. If you've the large chaps on your doorstep you'll be increasing the debt because you're their wages too and they're only too happy to drag it out, because the longer it takes the more they earn.
(Audax Victor, Sun 6 Sep 2009, 19:41, closed)

well,
legally your other half is wrong.

Contact MUST be made, non-answered calls DO NOT count as contact because with an unanswered call there is no way to verify that you have the right person.
(SarcasticBarSteward wants to be good at Photoshop when he grows up, Sun 6 Sep 2009, 20:29, closed)

No worries
Your solicitor will be at liberty to argue the case when the creditor's solicitor hands over a copy of the logs (and letters and visits complete with descriptions of your front door, the nice old dear they had a cup of tea with proving they `made contact') for their `ease of reference'.

Then, along with the bill you've been avoiding you can pay the creditor's `admin charges', the costs of the collection agency (about £25 for every missed/late payment, £80 per visit for the large chaps), the costs of both your and the creditor's solicitor in bringing the matter to court (they'll be charging around £175 an hour each) and the initial court fee (only £150 for balances under £500 but on a nice sliding scale). Plus late payment charges and interest charges averaging an extra £40 per month.

Oh and you've fucked you're credit record and you won't be lent money at least six years.

Still...worth a punt if you fancy your chances.

The moral of this story kids? If you're going to try to screw the banks out of money you owe them, make sure it's for a shitload because you'll not be able to do it again for a very long time.
(Audax Victor, Mon 7 Sep 2009, 8:58, closed)

aaah,
but you see, NONE of those things will happen, for one very good reason:

I don't have any debt
(SarcasticBarSteward wants to be good at Photoshop when he grows up, Mon 7 Sep 2009, 9:34, closed)