How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48209
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

My mother, who is 73 years old, is being chased by a debt

Customer Question

Hi,
My mother, who is 73 years old, is being chased by a debt collection firm for a debt that is nearly 20 years. the debt is for nearly 7k and she has been paying 50 per month which I have only recently found out. She doesn't remember what the debt is for, but has been scared into making the monthly payment and is continuously asked to provided an income and expenditure statement. She is on a state pension and disability living allowance.
Is there anything that I can do to help her with this?
Thanks
Caroline
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  F E Smith replied 11 months ago.

Does she have no idea at all what this debt is for?

Expert:  Ben Jones replied 11 months ago.

How long has she been making the monthly payments for?

Customer: replied 11 months ago.
Other than it was with Barclays, and it was around 1994, no. I asked her about it today and she said it was transactions on her current account......or it could have been a loan, or a credit card. Her memory isn't very good any more to be fair.
I think she has been making the monthly payments for a couple of years now.
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. It is likely that they can still pursue this debt now, assuming that what she owes them has not yet been paid off. The fact that this debt is 20 years old would not make a difference – as she has been paying it off this time, it would have kept it ‘alive’ so to speak. Only if she had made no payments or made no written acknowledgements that she owes anything would it have been tie barred after 6 years. At this stage they will be able to pursue her if needed.

I suggest that the first thing you do is get her to contact them and ask for full details on her liabilities under this debt – you need to check what it was for, how much for and how much has been paid. You also need to see the interest and repayment agreement to check what she is due to pay them in total. Once you have that you could consider making a repayment offer where you offer to repay a lower lump sum for the full satisfaction of the loan. They do not have to accept that though so it is up to them but you have nothing to lose by trying.

If all such negotiations fail she may be liable for the repayment still, although as mentioned it would depend on what the repayment terms were so that is why it is important to request these from the debt collectors.

She can also risk stopping the payments but sometimes t can backfire, for example if they decide to take her to court for this. However, on other occasions they just continue making threats and sending demands without ever going as far as court, which would be the only way they can force her to pay.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.