Suddenly being chased for forgotten debt

[soop]

Hi all and must say what an excellent site this is.
Well my problem is this:-
Yesterday I received a letter from Direct Legal & Collections who said they were acting on behalf of Hillesden Securities Ltd for an outstanding debt of £3,454.22.

Some years ago 2003/4 I had financial difficulties due to a marriage breakdown and ended up seeing a free debt advisor ( local council) they were brilliant and helped me with all my creditors arrange payments. I have had no problems until this letter.
I believe the debt is what I owed HSBC bank for an overdraft but I'm sure it was for approx £1900/£2000. As everything was arranged by the advice people I took it for granted all was sorted as they even managed to have some debt written off. I was very confused and panicky at the time and am embarrased to say I don't know how this happened.
Anyway the letter states they have been unsuccessful in attempts to contact me at a previous address and through their sources have tracked me down. I honestly didn't tell them off a change of residence as I don't even know who they are as received nothing regarding this before. They have asked me to telephone them to come to arrangements to pay, I'm scared to do so as I remember dealing with collectors before and felt intimidated to pay what I couldn't afford.
I'm not saying I won't pay the money back if I owe it but I don't know where the figure has come from after all this time. I have checked with Experian and Equifax and nothing shows up as them looking for me.
Please can you give me any advice on how to proceed, as I said if I owe the money I will pay although like everyone finances are extremely stretched and no way could I pay in full.
I'm so panicky, I thought I had things in control a long time ago and my tummy is churning over at the thought of this.
Sorry to ramble x

[Redletter]

Re: Suddenly being chased for forgotten debt

Hi there you are certainly in the right place.

Firstly dont panic!

The debt collectors, despite what they may imply, cannot take any action without first proving you owe the debt and obtaining a court order to enforce collection.
They cannot enter your property or remove goods for example.

DO NOT acknowledge the debt and don't enter into any correspondence other than in writing. They will tell you anything over the phone.

Dont let these people bully you. If you owe money they have to prove it.

I'm sure someone more knowldgeable will be along to help shortly.

[soop]

Re: Suddenly being chased for forgotten debt

Hi there you are certainly in the right place.

Firstly dont panic!

The debt collectors, despite what they may imply, cannot take any action without first proving you owe the debt and obtaining a court order to enforce collection.
They cannot enter your property or remove goods for example.

DO NOT acknowledge the debt and don't enter into any correspondence other than in writing. They will tell you anything over the phone.

Dont let these people bully you. If you owe money they have to prove it.

I'm sure someone more knowldgeable will be along to help shortly.

Thank you Redletter I appreciate the reply. I will pay if I owe it but I just can't accept a figure plucked out the air in a letter from so long ago. Hard not to panic isn't it keep dreading a knock on the door

[Redletter]

Re: Suddenly being chased for forgotten debt

I agree and if you read some of the threads on here you will see that you do not have to pay a single penny unless they are able to produce an enforceable agreement.

Do you know the exact date of the last acknowledgement or payment you made?

There is a good chance that this debt may be approaching statute barred status, which means that it becomes automatically unenforceable if it has not been acknowledged in the last 6 years.
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Take a look at this it's a different DCA but I found it helpful.
http://www.legalbeagles.info/forums/...read.php?t=511

[enaid]

Re: Suddenly being chased for forgotten debt

Hello soop and a warm welcome to Beagles, here is some info for you on statute barred debts.Legal Beagles Please have a read and if you think that this maybe the case then we will know which way to help you further.
Enaid x

[soop]

Re: Suddenly being chased for forgotten debt

I agree and if you read some of the threads on here you will see that you do not have to pay a single penny unless they are able to produce an enforceable agreement.

Do you know the exact date of the last acknowledgement or payment you made?

There is a good chance that this debt may be approaching statute barred status, which means that it becomes automatically unenforceable if it has not been acknowledged in the last 6 years.
------------------------------- merged -------------------------------
Take a look at this it's a different DCA but I found it helpful.
http://www.legalbeagles.info/forums/...read.php?t=511

Well after pulling out the papers I had stored from many moons ago the first communications were in 2003, but in 2004 June I noted the debt advisor had sent me a list of all creditors and amounts paying, but I'm really not sure wether she had further contact or it was just an ongoing sort of reminder if you know what I mean. I myself had no contact with HSBC either verbally or written, hence my confusion.
------------------------------- merged -------------------------------

Hello soop and a warm welcome to Beagles, here is some info for you on statute barred debts.Legal Beagles Please have a read and if you think that this maybe the case then we will know which way to help you further.
Enaid x

.
Thanks for the welcome Enaid this site certainly has some very informative people on it.
I've read the link you gave me but I'm so ashamed to say I'm really not certain about the last communication, I myself never spoke or wrote to them it was via a debt advisor from the local council, the year I first went to her was 2003 but she used to send regullar letters just re-iterating amounts and creditors. I seem to have all paperwork relating to other creditors but nothing from HSBC. I really do feel stupid for thinking it was all taken care of.

[Redletter]

Re: Suddenly being chased for forgotten debt

Enaid I am thinking on the lines of CCA request initially?

Then once it is established what exactly the alleged debt is for maybe a SAR to the Original Creditor to establish payment history and or unlawful charges???

[soop]

Re: Suddenly being chased for forgotten debt

You people are just wonderful all your advice is greatly appreciated, I don't feel so alone just talking it over with people who have had simillar issues, thank you all so much.

[Luminol]

Re: Suddenly being chased for forgotten debt

Hi Soop and welcome, this could just be a phishing letter and it may not even be yourself that owes this debt, especially as the figures mean nothing to you.

Trace departments make plenty of mistakes believe me

At this stage I would ignore it until they come up with something more substantial. Try not to worry in the meantime.

Lumi x

[Redletter]

Re: Suddenly being chased for forgotten debt

You are welcome.
I am relatively new to this site I found it along with onother similar one, but Im not sure if Im allowed to mention its name.

Just simply reading through other people's threads makes you realise you do have rights and you dont have to be treated like dirt just because you are in financial difficulties.

I have learned a lot on here and I have successfully challenged a claim for £109 against my partner by Swinton and had it dropped, a claim by SKY for £38 and had that dropped.
I am also in the process of challenging Cabot, a DCA renowned for trying to collect on unenforceable debts, who are claiming a debt of over £1100. I sent them a CCA request to provide me with a copy of the agreement which they have so far failed to obtain.

That is a drop in the ocean compared to the people on here and what they have achieved, but it all adds up and its better off in my pocket than theirs!

I never knew the Debt Collectors had to work within certain guidelines and I automatically assumed if they were collecting a debt that they had a right to and assumed it was on behalf of the original creditors.
When you realise that these parasites buy debts for a fraction of the original debt value and then add on their own made up charges which are usually unlawful, it makes you want to stand up and fight. Once I realised there was a means to fight back I was determined to do so and the information found on sites like this one is truly invaluable!

[soop]

Re: Suddenly being chased for forgotten debt

Hi Soop and welcome, this could just be a phishing letter and it may not even be yourself that owes this debt, especially as the figures mean nothing to you.

Trace departments make plenty of mistakes believe me

At this stage I would ignore it until they come up with something more substantial. Try not to worry in the meantime.

Lumi x

Thanks Lumi for the warm welcome x Unfortunately I do believe it's my debt as it has my old HSBC bank details as a reference, my confusion is I thought it was all taken care of a long time ago by a debt advisor and I'm sure the figure they've quoted was way beyond what originally was in 2003, I guess charges have been added. They say they've been unable to contact me due to a change of address but I've been here for 4 years! Does it take them 4 years to find me?

[Redletter]

Re: Suddenly being chased for forgotten debt

They say they've been unable to contact me due to a change of address but I've been here for 4 years! Does it take them 4 years to find me?

Well although you are the correct person, they dont know that. They could write to everyone with the same name in the hope of getting something back (fishing!).

I would take the advice to ignore it.

You wouldn't believe how many threatograms I have had giving me '7 days to comply before court proceedings are issued'.

The fact is they still aren't sure it's you but if you contact them they will be.

They are unlikely to issue court proceedings without confirming your identity and even then they would need an enforceable agreement in order to do so.

If they arrive at your door tell them they have the wrong person and you know nothing about it.
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There is a good chance this could be statute barred before very long, the more you use delaying tactics the better for you

[Luminol]

Re: Suddenly being chased for forgotten debt

Soop, don't acknowledge the debt regardless of the reference number, you didnt have an overdraft with the Debt company so it really is upto them to prove that they have a right to collect the debt.

[Redletter]

Re: Suddenly being chased for forgotten debt

Check out threads by Curlyben and PT2537

Also Amethyst, Amy, and Cetelco are very knowledgeable amongst lots of others, too many to mention!

[soop]

Re: Suddenly being chased for forgotten debt

So should I send a letter to them or sit tight? I must admit the line "Our sources have confirmed that you are now residing at this address" gave me the creeps, like I'm being watched!