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Topic starter
06/06/2011 7:38 pm
I had a protected trust which finished about 7-8 years ago. Today I've had letter and an interesting phone call with a debt company chasing a debt they bought from one of my creditors. The letter says I was in arrears with a payment plan they have set up without my knowledge.
Anyway, phoned them and long story short told them I successfully completed my protected trust deed at least 7/8 years. They asked for a copy. I dont have it anymore it's been 11 years. I said they'd have a better chance of getting a copy. They said they can only go back six years!.
So do they have any legal right to chase me for this? Do i have to provide them with details of my trust deed?
Please help.
06/06/2011 8:08 pm
Welcome to the trust deed forum alang.
You can do as much or as little as you want here.
Obviously the trust deed means there is no debt. Even without the trust deed the debt would not be legally enforceable if they have not been in touch for so long.
It might save a bit of hassle to put them right though. You might be able to find details of the trust deed on the Edinburgh Gazette website and be able to point them towards that. There is a search function there into which you'd put your full name.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
06/06/2011 8:13 pm
Thank you very much for the information. Puts my mind to rest.
07/06/2011 10:45 pm
Is a debt not statute barred if it isn't recovered after 6 years or something?
07/06/2011 10:52 pm
Hi Kamikaze Bob.
You're pretty much right. It's called "prescription" and would apply if the debt hadn't been chased for more than five years, no payment had been made and no acknowledgment of the debt had been made by the debtor during that period.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
10/06/2011 11:49 pm
Its not stopped them from trying. I received another letter saying that due to non payment I've been charged interest.
Question is...i can take threatening letters knowing that the debt is un enforceable but will that stop balifs coming round?
11/06/2011 8:51 am
Hi alang.
That type of recovery action could only happen after legal action. From everything you have told us if they took legal action they would fail.
It might be worth some effort to "educate" them so you can have some peace and quiet though.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
11/06/2011 12:43 pm
(link removed)
found that. I might use it in a reply and include my successful completion of a trust deed.
11/06/2011 2:04 pm
Hi alang.
It's not a problem, but the link you posted has been removed as we ask members not to post links in the forum.
If anyone would like to look it up it's a page about "prescription" on the National Debtline website which a Google search should take you to fairly easily.
I do hope that the letter is effective and this company properly updates their records now.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
11/06/2011 3:05 pm
I'm a bit wary of signing the letter in case they forge some documents....
11/06/2011 4:28 pm
Which debt collection company is it alang?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
11/06/2011 5:34 pm
cashforless
11/06/2011 9:42 pm
OK, I haven't heard of them before.
I guess you'll need to use your judgment on this alang.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
11/06/2011 9:50 pm
I've decided that I could watermark my signature...... might be a bit paranoid but makes me feel a bit better.
