Hello and Help!

Hi All,

This is my first post on this forum. I am ill (long term) with a mental illness which caused me to take early retirement from my job as a headteacher and hence onwards into lots of debt.

I am now at the stage where they've been passed on so many times to so many different companies I no longer know (nor have the mental capacity at the moment) to fight or find out how to trace things back. I have ignored everything for a number of years (anything from 1-7 years) but don't know which date from when, nor who the original debts were with.

Stupidly perhaps I have shredded all paperwork to try and escape the debt, and now don't know which way to turn.

Any help or suggestions would be very much appreciated, but please no sarcasm or anything as my health will not take it.

Thanks in advance,

Caspar

[Zazen.Warrior]

Re: Hello and Help!

We don't do sarcasm here

My first thought is anything over 6 years without acknowledgement will be statute barred.

Can you post the latest contact you have received - with all personal details removed - and stop shredding, start filing.

It would be good to know precisely what we are dealing with here.


Oh and *welcome* to the forums!

[TUTTSI]

Re: Hello and Help!

Hi Caspar
Welcome to Legal Beagles.

I know of someone else who very recently shredded all their papers because of a debt situation and like you has had made himself extremely ill and is in hospital. Unfortunately, shredding documents does not make the problem go away.

Is anyone actually chasing you now for money?

You will have to deal with the the debts you owe as and when they start chasing you. There is no point worrying about it as normally most debts are solveable by requesting for instance copies of all you bank statements or credit cards. Basically if you had credit cards they have charged you charges and these can be recovered and go against the outstanding debt.

We have a very good debt forum and you will find a lot of usefull information http://www.legalbeagles.info/forums/...splay.php?f=42 have a read and if you have any question can you post up.

Most of us have suffered debt sitations on this site and we can help you.

Tuttsi

[Angry Cat]

Re: Hello and Help!

You also have a right under section 7 of the data protection act 1998, to make FULL subject access requests to the firms concerned. By making these requests, you should be able to recover the lost/shredded information about the alleged debts.

What was the name of the last firm/company who made contact with you?

Was there any reference to or, name reference to their client?

[Caspar]

Re: Hello and Help!

The ones I remember are Lloyds TSB (3 accounts), Finance U - letter received yesterday from Daniels Silverman Commercial Debt Recovery and Investigations, Egg - over £10000 but been passed on several times - may be statute barred - how do I find out? Morgan Stanley £9400, Barclay Motor Loans £4000, Motorquote Insurance (being dealt with by Credit Resource Solutions CRS in Huddersfield for about £200. Porabably a whole load more - as I say, unfortunately I've lost track of them.

The letter yesterday siad:
Dear Mr xxxxxxxxxx,

Re:- Our Clent Finance U Ltd
Outstanding Balance £2,210.62

Please note our commercial investigator will be calling on:- Wednesday, October13, 2010 at:- 17:00pm

For the purpose of:- Discussing the pending legal case against you by our above named clients.


Please telephone Alison Fenn on 0151 707 6061 quoting legal case reference xxxxxxxxxxxxxxx to confirm the appointment or to reschedule to a more convenient time.

The history of this is that we stupidly took out a guaranteed bad credit loan to get a car. The car was repossessed and Finance U obtained a charge against our house. The house has since had to be sold and I negotiated part settlement with Finance U to remove the charge. They did so the sale went ahead and we are now safely in Social Housing renting and quite happy as we can't lose the roof over our heads if made bankrupt. I paid £50.00 pcm for about a year until I fell ill again and could no longer afford these payments. This time they simply passed it straight to Daniels Silverman who I have totally ignored so far.

Any help on any of the above would be much appreciated. I promise that all paperwork will be kept and filed now so I can try to find out what I owe, to whom I owe it and if it is statute barred.

Anything else I should be doing in the meantime?

ps Noticed lots of abbreviations on thhis site. As I'm new could you type the abbreviation then what it means - I've worked out DCA = Debt Collection Agency and CCA = Consumer Credit Agreement, but that's about it!

Sorry to be a pain and thanks in advance for any help!

[Angry Cat]

Re: Hello and Help!

Firstly, they cannot get blood out of a stone...

Secondly, they have to comply with the MALG guidelines.

Thirdly, re: the above letter, they are not allowed to visit you at your home. Therefore, you need to send the 'trespass rule' letter.

Lastly, as many of these alleged debts may be statute barred, you must be cautious about acknowledging same. If, the firms do pursue you, then send the 'prove it' letter.

[middenmess]

Re: Hello and Help!

Hi Caspar

ps Noticed lots of abbreviations on thhis site. As I'm new could you type the abbreviation then what it means - I've worked out DCA = Debt Collection Agency and CCA = Consumer Credit Agreement, but that's about it!

I still struggle after 18 months on forums with the various abbreviations!--sometimes they're obvious but others just don't click so I just type them into 'google' and often find the answer there
[QUOTE] Sorry to be a pain and thanks in advance for any help! [QUOTE]

Nobody is a pain on here--asking questions is the only way to learn and understand-I wish that I had found these forums years ago as it would have saved me from a lot of grief and hassle [and money!]!

Even the most knowledgeable and experienced of posters on here have to ask for advice at times.

Replies to you questions might be a bit slow in coming as the forums are always a little quiet at weekends.

[Angry Cat]

Re: Hello and Help!

http://www.danielssilverman.co.uk/

CCA Search :: CCA Search Results :: Licence Details


Application / Licence Details




Licence Number:0572341
Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration NumberDaniels Silverman Limited3998129

Categories:

Consumer credit Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

Right To Canvass Off Trade Premises:Yes


Trading Name(s) (Current):

Debt Enforcement Associates

Issued Date: 17-Jul-2005
Expiry Date: 16-Jul-2010


Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePositionCarole Angela Margaret Hughes Justin de Berkeley Scott Mr Andrew John Rattray SayerOFFICERRupert Joseph Upton Scott Simon David Scott Stephen Ward

Nature of Business:

Debt Adjusting Other

Current Address(es):

Address TypeAddressPrincipal Place Of Business210 Queens Dock Commercial Ctr, Norfolk Street, Liverpool, Merseyside, L1 0BGRegistered Office5th Floor Castle Chambers 43, Castle Street, Liverpool, L2 9TL

Historic Address(es):

Address TypeAddressRegistered Office5th Floor Castle Chambers, 43, Castle Street, Liverpool, L2 9TL

[Angry Cat]

Re: Hello and Help!

[Quote] by caspar:
letter received yesterday from Daniels Silverman Commercial Debt Recovery and Investigations, Egg - over £10000 but been passed on several times - may be statute barred - how do I find out?[Quote]

Send the 'Prove it' letter and;
the 'Trespass Rule' letter.

Head up both letters with the following wording:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY, NOR TO ANY COMPANY THAT YOU CLAIM TO REPRESENT.

[Caspar]

Re: Hello and Help!

Firstly, they cannot get blood out of a stone...

Secondly, they have to comply with the MALG guidelines.

Thirdly, re: the above letter, they are not allowed to visit you at your home. Therefore, you need to send the 'trespass rule' letter.

Lastly, as many of these alleged debts may be statute barred, you must be cautious about acknowledging same. If, the firms do pursue you, then send the 'prove it' letter.

Where do I find these two letters?

Thank you so much for your help.

[Angry Cat]

Re: Hello and Help!

Prove it letter:

Name/Address:

Date:

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would also remind you, that I/we are aware of the 'MALG' Guidance/Code that you should comply with.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed.
Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully
------------------------------- merged -------------------------------
'Trespass Rule' letter:

Dear Sir or Madam,

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance."

[Emphasis]: Print name, do not sign and;

Mark all letters:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY NOR, TO ANY COMPANY THAT YOU CLAIM TO REPRESENT.

Little steps Caspar, the above letters will assist you

Now, you need to start your own individual thread(s) re: the 'firms' concerned and then we can look further into the matters concerned with same.