threatened with court action on old alleged debt (complicated)

[stressed123]

Hi,

I was a member of the forum several years back and got some very helpful advice when going through a bad patch. First time back on here for ages as a problem has just loomed up and need to just gather some helpful opinions on the best way to procede.

Just received a letter from solicitors saying will be issuing court proceedings if i do not make arrangements to repay an alleged debt by 30th November. This is a follow on to a letter from a dca that claimed to have bought an alleged credit card back in 2009.

Cutting a long story short i went through the motions with cca request etc back in 2009, actually sent two and also the £1 fee.

The response was that the account was put on hold till they obtained this information this was back in 2009 still. I have copies of all this still.

In the past 6 years i have received one letter basically saying they could not provide the agreement etc and would be taking no further action unless they could find it in the future. I have this also although not to hand at the moment.

Now a couple of weeks ago i received a letter saying as i have not responded to their previous communications (none for several years and the last being the letter saying the don't have the agreement etc) i needed to conatct them by phone urgently to arrange a repayment programe or they would instruct solicitors to issue court proceedings.

Obviously i did not phone them and assumed they were just fishing to see if they got a response.

Now have just received a letter from solicitors saying if i do not issue proposals to repay the date within 2 weeks they will issue county court claim.

They also point out if i dispute the debt they are happy to negotiate outside of court.

Not sure how to procede. Do i follow up the cca request from 2009 and the response received from them? Send another cca request?

Also i believe this alleged debt is statute barred in any event. I guess depends what and when they did something with the £1 fee for cca?

Just a but of background. I have never tried to get out of paying debts.

I had 100k on credit cards back in the late 90s, early 00s and did go onto a dmp due to the interest etc. Was paying back almost 2k a month for a period of time untill i lost my job.

At that point things were in a muddle for a few months, had a nervous breakdown etc but we did get a dmp up and running again with all debts we were aware of.
It was complictaed as there were about ten accounts in total and various dca attemting to collect and debts changing hands etc.

Everything we could tally up was put on a dmp and dealt with.

These people just started asking for money and could provide no info whatsoever and alleged account numbers that matched nothing on our records.

Had they supplied the info they would have been added to dmp back in 2009.

Any thoughts gratefully received before i have another nervous breakdown.

Cheers

[stevemLS]

Re: threatened with court action on old alleged debt (complicated)

If you are certain they relate to the same debt, I would suggest something like:

"Dear DCA

Thank you for your letter of xxxx regarding a sum you claim to be a debt in the amount of xxxxx.

For the avoidance of doubt I do not in any way acknowledge or admit this debt.

Notwithstanding the above, I enclose a copy of a letter dated xxxxx from yyyyy confirming that they are unable to produce a copy of the agreement as is required by the Consumer Credit Act 1974, in those circumstances any agreement is not enforceable.

Your intimidatory correspondence is clearly calculated to cause distress and as such is potentially contrary to s40 of the Administration of Justice Act 1970 which, as you will be aware, makes such conduct a criminal matter.

Please confirm forthwith that the matter is closed."

Send recorded delivery and do not call them.

[stressed123]

Re: threatened with court action on old alleged debt (complicated)

Thanks for the above post.
I was checking the paperwork i have in detail last night. The original contact made to me in regard to this was in August 2009. I have never paid a penny.
It would appear by looking at the original letters sent to me about the alleged debt and the one i have just received threatening court action that the alleged balance has reduced by £1.00.

So i assume that at some point between 2009 and now the £1 fee for the cca request has been applied to the account.

Any thoughts.

Thanks