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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 27897
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Bankruptcy Law Question Here...
Joshua is online now

My husband got into serious debt which was settled in court

This answer was rated:

my husband got into serious debt which was settled in court in 2013. I have started receiving debt collection letters asking for £621 which i owe to a building society in the past debts. Not only do i not owe this money but the building society say they have not written to me since 2010 so it is nothing to do with them. It might be a scam but how do i get rid of them?
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Bristol
JA: What steps have you taken so far?
Customer: Nothing as i'm too scared
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

I am very sorry to read of the above.

  1. In your first sentence, you refer to your husband getting into debt. Do those circumstances relate to the debt that is now being sought from new by the building society or is your husband's past debt unrelated?
  2. what does the building society claimant that is for?
  3. Is it in relation to an account held in your name, joint names or an account held by someone else?
Customer: replied 17 days ago.
After the court case we owed nothing having lost our home. However the debt collectors are saying its the same building society asking for the money
  1. Thank you. So you believe the debt may have been owed by your husband at one time?
  2. Did you hold any joint account with your husband for this building society?
  3. What is the debt for? e.g. overdrawn account?
Customer: replied 17 days ago.
We don't owe it

Understood. based upon what you say, I would tend to agree with your conclusion on one or both of the following bases: -

1) any creditor claiming a debt must do sufficient evidence to establish that the party from whom they're claiming the debt is liable for the debt. From what you say, they have failed to do so to date.

2) even where the above can be shown, it may be from the dates you refer to, that the debt is time-barred under the Limitation act. even where you did owe the debt, of what you say, this is not the case, unless the creditor can demonstrate that you have either made a payment towards the debt or acknowledge the debt within the last six years, even where you would otherwise be liable under paragraph 1, the liability for the debt would be time-barred.

Accordingly, you may consider responding to the debt collectors advising that they have neither evidenced that you owe the debt in the first place and notwithstanding this, the debt would in any event be time-barred under the Limitation act for the above reasons.

You can say that if the debt collectors have further evidence to produce in respect of the above, that they should do so by post, but failing this,

you can ask the DCA to cease and desist further communications unless it is to notify you that they are issuing court proceedings. There is a great deal of legislation that can protect you which I suggest you refer to as follows:

Section 40 - Administration of Justice Act 1970.

The Consumer Protection from Unfair Trading Regulations 2008.

Section 4A - Public Order Act 1986.

Section 1 & 2 - Malicious Communications Act 1988.

The Protection from Harassment Act 1997 - section 1 can be applied to creditors harassing debtors whereby a person is guilty of this offence if they pursue a course of conduct that they know or ought to know amounts to harassment of another. You would need to prove their conduct on more than one occasion.

If they ignore you, you can advise them that you will otherwise consider a report to the Financial Ombudsman Service as to their conduct with a view to reviewing their licence and to seek compensation and also reserve your rights to seek civil injunctions and costs against them.

Joshua and other Bankruptcy Law Specialists are ready to help you