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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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My daughter had a loan to purchase carpet in 1995. She never

Customer Question

My daughter had a loan to purchase carpet in 1995. She never paid this loan off. Several years later I had a company ringing my home trying to find her. At this time my husband was very ill and the threat of bayliffs and the constant phone calls upset him. So I agreed to make payments by standing order through my bank of ten pounds a month. In August of 2015 I contacted zinc to ask the balance of the debt, they refused to speak to me, so I cancelled the payments. My daughter has now received a letter from D L C to whom this debt has now been returned to by zinc, and they have now asked for payment of the remaining debt. I would like to know is my daughter still responsible for the debt as she has never paid them, I would add she was ill herself due to her son who has a mental illness being very ill, and it has affected her own physical and mental health as well. They have never said if there is a C C J against my daughter, and I do intend to send them a letter saying the debt is statute barred, to see if they say regarding a C C J , if there isn't one, and Lynda has never paid this debt, but I have to stop them phoning my home or making threats of bayliffs does this debt have to be paid, if yes by who, myself or my daughter. Regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. First point to note is you are not liable for the debt - this debt belongs to your daughter and she is responsible. Secondly it is a criminal offence to pursue some for a debt they do not owe so as to cause harassment (s.40 of the Administration of Justice Act 1970) - I would write to the bailiffs as follows (i) say you only paid the debt under duress of harassment and threats (ii) The debt was never (and never is) your responsibility (iii) If they do not immediately repay to you all monies you have paid to them under duress you will report the matter to the police and to Trading Standards (iv) say you will not tolerate any further aggressive behaviour or calls to your house and will not be assisting them any further. You should then make a record of all calls and all payments and take them to the police and Trading Standards for your daughter, if they have not chased the debt for 6 years or more it is probably statute barred. As long as your daughter has not acknowledge the debt they wont be able to sue her. I look forward to hearing from you. Kind regards AJ