Ask a Law Question, Get an Answer ASAP!
Hi thanks for your question. My name is Tony, I can assist with this.
Is this relating to debt, and do you know which one it might be?
As far as I am aware, I don't have any debts. I do have credit cards with balances but I pay every month on time. The only thing I can think it refers to is a Citi card I had that was taken over by Opus, albeit I have virtually paid off that card and there can only be £200 or so left on it. I can't tell how much as they don't send statements.
Okay and it was due more than 6 1/2 years ago, so it's not likely to be recoverable now, as it's likely to be statute barred (debts with causes of action older then 6 years cannot be pursued).
No, sorry, perhaps I didn't explain properly. I moved abroad 6 and half years ago, advised opus when they took over Citi, and received a very curt letter from them in 2010-ish saying the card was not valid abroad and they would close the account. Since then I have been paying off the card on a regular basis but never hear anything from them despite the fact they have my address here as I gave it to them.
I see, so you're likely to still be within the 6 year limitation period. So the issue for you is whether you effectively confirm that you are at the address they've written to (by responding by telephone) and potentially encouraging them to pursue you?
I guess so, although I can't see that I have a debt issue as I pay the card off regularly every month.
Okay, so lets assume the card is fully paid off, on the face of it, you have nothing to worry about, as you have no debt.
If the card isn't paid off, then the question is whether they are then ecouraged to pursue you.
Do you have assets against which they could enforce or are you on benefits - these are issues worthy of consideration, as if you have no money to pay them, their is no point in hiding from them and no point in them suing you. It's a pointless exercise, unless they want £3 a month for a few years.
I live in the EU, but not in the UK. I think we may be talking at cross-purposes here. As I said at the outset, I have not received a letter from them, although they claim they sent one. Out of the blue I received a non-specific email from them today and that's the first I've heard of them. No, I'm not on benefits.
Do they know your address?
Not as far as I am aware, but as they have my business email address they could easily find it.
Okay. Then I would be tempted not to engage them, as this might give them enough to obtain an order from the english courts to permit service by email. Because you would have received (and confirmed receipt) of correspondence effectively.
However, the flip-side is that if you do not, and the debt increases (whatever it relates to), then you could ultiately be pursued for the higher amount in the fullness of time.
I take your point, but as I've done nothing wrong I'm not sure what to do. Should I phone them? Many people online say they should be ignored.
That's a difficult question, becuase there are two potential outcomes. However, given they have your email, and they could easily find your business address and track you down anyway, then my view would be you might as well leave it for a few months, then contact them if anything else comes in.
That way, any liability doesn't get much higher, and you get to see whether they do anything more to try and correspond with you (i.e. business address) as it's pretty easy to drop somebody a quick email in the hope of making a few pounds from an old debt. It's another to start writing to them in other countries and tracking them down.
I hear what you're saying Tony. Just don't know if I can manage the sleepless nights worrying what it's about! Bye.
Is there anything else I can help with to answer your question or have I done this?
You told me what I already knew Tony, but hey-ho!
I guess it's useful to have your views comfirmed though. Are you happy with the service given today please?