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Please call time on the debt collectors

Please call time on the debt collectors



I work for a housing association in Merseyside and support a woman who co-signed, with her husband, a personal loan application of £1,600 with the Halifax in 1999. The last payment was made in October 2000, then the account fell into arrears and was written off by Halifax in 2002.

My client's husband has since died and she has been pursued by debt collectors, most recently Mackenzie­ Hall, chasing £1,239. My client suffers with mental and emotional trauma, has obsessive compulsive disorder and agoraphobia, and daily anxiety attacks. She continues to have little, if any, understanding of financial matters,­ depends on benefits and is in no position­ to clear this debt. JS, Liverpool

You had already taken this matter to the Financial Ombudsman Service because it was thought your client was only witnessing the signature on the loan agreement, not actually being a party to it.

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The FOS found against your client in late 2009 and, for whatever reason, didn't take into consideration the length of time that had elapsed since the loan was taken out.

I pointed out to Mackenzie Hall that the Limitations Act 1980 probably applied because it seemed that more than six years had passed with no further ­attempt to collect any money after 2002. After a short wait, the compliance manager confirmed the balance due is indeed statute barred, which means the file has been closed and your client does not owe any money.

A good result, and your manager ought to give you a pat on the back at your next appraisal.

Steve Playle is team leader at Surrey Trading Standards Service.

We welcome letters but regret we cannot answer individually. Email: capital.letters@guardian.co.uk Please include a daytime phone number

guardian.co.uk © Guardian News and Media 2010

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