Bewildered!

[pipin]

Hello and thank you for letting me in to ,the fascinating world of Legal Beagles....please be patient with me,i am knew to computers:tinysmile_cry_t:

I have received a letter from,a finance company,telling me they have taken over a debt of an outstanding account with ,littlewoods.

I have and still do,use littlewoods catalogue,and cannot understand,where this debt comes from,,as,it apparently was passed to the recovery collectors in 2010, I phoned this company and was told it is a debt from 1997?

I told them i still have an account with littlewoods and if i owed them money(£118.10?)surely they(littlewoods) would let me know and take it monthly from, my existing account!
They said it was a different account number,and,they would not know,i was the same person!?

surely,if my name, date of birth and occupation,is exactly the same,wouldn't they really know this is the same person!

I have been in my present home for 13 years,why,if i owe this sum of money,have they not contacted me!?




Please can you advised me on this problem.

I asked them what i had purchased,to,owe this money...they said it was too long ago to find out!

I am not familiar with using forums,icons etc; so,please forgive me if i post in the wrong place!

[Inca]

Re: Bewildered!

Hiya pipin,,and welcome to LegalBeagles,,whilst I myself cannot advise you I'm sure one of the lovely people who know what they are talking about will be along soon to help you

Inca

[miliitant]

Re: Bewildered!

can you please name this finance company who has taken over this alleged debt

and yes, they need to justify any alleged debt with statements, agreements etc before they can demand any payment


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 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/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

[pipin]

Re: Bewildered!

Thank you so much Inca:tinysmile_grin_t:

[pipin]

Re: Bewildered!

Hello,Shop Direct finance company,passed it to MKDP LLP...MK Rapid Recoveries

[miliitant]

Re: Bewildered!

my pleasure

let me know what crap they come back with
mkdp is a tin pot debt collection agency

send that letter above by recorded delivery for a paper trail to mkdp

they have a habit of saying they had not received any letters

[pipin]

Re: Bewildered!

Thank you so much...I'm sure this is a daft question,but,should i send this to littlewoods(shop direct)and the Rapid Recovery people!:tinysmile_hmm_t2:

[pipin]

Re: Bewildered!

I could kiss you!...I have been so worried about this,not knowing what/how to write to them.

I shall get back to you as soon as i hear from them....once again Thank you!

[miliitant]

Re: Bewildered!

Thank you so much...I'm sure this is a daft question,but,should i send this to littlewoods(shop direct)and the Rapid Recovery people!:tinysmile_hmm_t2:

negative on that


you send that letter to whoever is demanding money from you

kind regards

[gemspan]

Re: Bewildered!

And if it dates back to 1997 then it's statute barred. If a debt is not acknowledged within 6 years it becomes unenforceable in England. It's 5 years in Scotland

[miliitant]

Re: Bewildered!

And if it dates back to 1997 then it's statute barred. If a debt is not acknowledged within 6 years it becomes unenforceable in England. It's 5 years in Scotland

that may be the case but the poster has allready stated she still has a live account, be it under a different account number, with littlewoods

she is still making payments on that, WITH THE SAME CREDITOR

so their is no six year break, she still has a live account with the same creditor

so unless the poster started the new account number after 2003, its may not be statute barred

we will use the statute barred later if needed

[gemspan]

Re: Bewildered!

So how does that work then militant? If you have one account with a company and there is a debt you dispute on another account number you can't say it's Statute Barred? I'm not being funny.....I'm really interested to know! Is it not considered to be a separate debt?

[miliitant]

Re: Bewildered!

i do not know the answer for certain but if you make payments to the same creditor under a different account number, you are acknowledge you have an account with the creditor and in the t&c could be a clause to offset any balance owing

take barclaycard, they have a mastercard option as well as visa, two different account numbers but with the same creditor

what would need to be confirmed would be if the creditor had defaulted and terminated the original account and is the debt collection agency just collecting on behalf of or now owns the account

all this though is supposition at the moment and irrelevant

the simple prove it letter posted on thread number 3 will be all thats needed to get rid of these cretins

[gemspan]

Re: Bewildered!

Never thought of that to be honest. I just thought that if they didn't try to collect it within the time it was statute barred but what you say makes perfect sense.....mmmmnnnnnnn

[miliitant]

Re: Bewildered!

all depends on what is in the terms and conditions

that is why i never have a credit card or savings account with the same bank as my current account