How long do companies keep phone records and references for?

[WOWDesign]

Hi All

Basically I just got a call from a credit company on behalf of Virgin Media (formally NTL).

I had broadband with them and cancelled the account when I moved offices. They claimed I was in a two year contract. When I asked them to send me copies of of an agreement I signed stating two years I was told to ignore any invoices and given a reference number.

THIS WAS THREE YEARS AGO.

So tonight I get a call from this credit company asking for the money.

My thought is that Virgin only keep reference numbers for three years and will now turn around and say "Sorry our records don't go back that far". I have the ladies name I spoke to, the date and a reference number.

Also the account was for my now closed Limited company. I have gone back to being a sole trader.

So does anyone know what rights I have please?

Kindest regards
Glynn

[nodric]

Hi All

Basically I just got a call from a credit company on behalf of Virgin Media (formally NTL).

I had broadband with them and cancelled the account when I moved offices. They claimed I was in a two year contract. When I asked them to send me copies of of an agreement I signed stating two years I was told to ignore any invoices and given a reference number.

THIS WAS THREE YEARS AGO.

So tonight I get a call from this credit company asking for the money.

My thought is that Virgin only keep reference numbers for three years and will now turn around and say "Sorry our records don't go back that far". I have the ladies name I spoke to, the date and a reference number.

Also the account was for my now closed Limited company. I have gone back to being a sole trader.

So does anyone know what rights I have please?

Kindest regards
Glynn

Initial response would be “it’s in the name of the old MyCo so let them go chase it”. If it’s closed, and no longer exists, the claim will reach a dead end and vanish in time.

6 years is the limit of liability. If they leave you alone for 6 years with no recovery action, it’s a dead debt.

Statutory record keeping is 7 years, so Virgin have to have a record. Even if deleted from their day to day CRM tool, it will be somewhere. Whether they care, or can be arsed to help you, is another matter. Seems the debt is sold on to the debt collector anyway. They won’t be interested in any historic agreement you had with Virgin, unless it’s in black and white!

So, if the MyCo is dead, so is the debt. If the debt is in your name, or can be claimed against you in some way you have two options. If it’s small, pay it and avoid the hassles. If it’s for a lot, try and argue your case, and enjoy the stress.

The rub of all this, is that companies are desperate for cash. I am seeing more and more companies opening their files for small debts that are years old. Several people I know have had 3 or 4 year old debts resurface, where for all intense and purpose all recovery had previously ceased.

[Not So Wise]

Creditor is out of time at 6 years if the following is true

• The creditor has not obtained a judgment against debtor in the last 6 years
• Debtor has not made a payment on the debt in the last six years
• Debtor has not written to the creditor admitting they owe the debt during the last six years.

But this is all pretty immaterial as it's for a closed limited company, cannot pursue for a debt something that does not exist. Creditor's would first have to go to court to get the company reinstated, which is not a cheap or simple process so unless it's for a not of money they would be unlikly to try that, even the tax man would not bother

Admit no liability, make sure to separate yourself from the company in any communications and don’t try to “speak for the company”, as it does not exist


Oh and keep eye on your credit records, even though they cannot legally report you to the credit ref agency’s for something like this it's not unheard of them to try, so keep copy of all correspondence

[SueEllen]

Basically I just got a call from a credit company on behalf of Virgin Media (formally NTL).
.........
Also the account was for my now closed Limited company. I have gone back to being a sole trader.

So does anyone know what rights I have please?

If your company is closed down then they can't pursue you for any money.

I've had a look at my NTL:Telewest contract - the account was open years ago - and there is absolutely no reference of them coming after the Director of the company. So even if Virgin Media have changed their terms and conditions it's not relevant to you.

In short tell them to do one but you should actually deal with it properly to ensure they don't muck up your personal credit file i.e.
Debt Factsheets - Harassment of people in debt by creditors * I now threaten to take companies to court if they attempt to touch my credit file due to a previous muck up.

BTW it's a good idea to keep your own copies of any agreements for 7 years even if the account is closed as some other telecoms companies have a habit of pursing people for debts they don't own a few years later.

*I know you are not in debt but they have no right to harass you.