cl finance

[jimmer 1]

just received a letter out of the blue from cl finance a statement of account saying balance brought forward 2630 pound and nothing else this must be a debt from a while ago but i cannot think what for.what should i do now?should i contact them by phone or write to them?what will be there next procedure i am totally confused by this any help will be appreciated please

[Mrs James]

Re: cl finance

Hi

I'm no expert, but I personally would just ignore it and see if they get back to you. It could just be a phishing exercise.

Others more knowledgeable will be along soon I should think.

[geoff.s]

Re: cl finance

hi ive just received one too about a debt of which was over 9 years ago from what i understand what ever you do dont phone these people or they will hound you day and night there a company that buys depts for a fraction of the cost then use fear to make money before this letter i was getting letters from another company it seems they sell to each other

[teaboy2]

Re: cl finance

just received a letter out of the blue from cl finance a statement of account saying balance brought forward 2630 pound and nothing else this must be a debt from a while ago but i cannot think what for.what should i do now?should i contact them by phone or write to them?what will be there next procedure i am totally confused by this any help will be appreciated please

Ok you need to send them a prove it letter Jimmer as shown below-

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

PRINT NAME IN CAPITAL LETTERS - NEVER GIVE THEM YOUR SIGNITURE AND NEVER TALK TO THEM ON THE PHONE.

hi ive just received one too about a debt of which was over 9 years ago from what i understand what ever you do dont phone these people or they will hound you day and night there a company that buys depts for a fraction of the cost then use fear to make money before this letter i was getting letters from another company it seems they sell to each other

Geoff, if your debt is over 6 years old and you have not acknowledged the debt or made any payments in the last 6 years (5 years if you live in scotland) then the debt is statuted barred and they not legally entitled to collect on the debt, Bascially its written off by the law. So you need to send them a statuted barred letter as shown below.

Dear Sir/Madam

Acc/Ref No 4563210025897412

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

We would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

IF you live in scotland

Letter - SCOTLAND
Letter used in Scotland when a debt is staute barred.

Address

Date

Dear Sir/Madam

Acc/Ref No 4563210025897412

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

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged,
then as from the expiration of that period the obligation shall be extinguished:"

I would also point out that the OFT say under their debt collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully

Again PRINT YOUR NAME IN CAPITAL LETTERS DO NOT GIVE THEM YOUR SIGNITURE - Also edit the account number to match the number or reference number they give in their letters to you.

[postggj]

Re: cl finance

cl finance
aka clueless

this is a debt collection agency owned by cattles, ex plc

they handled all the welcome finance accounts but are expanding there area

they use the solicitor for rent brian carter

[teaboy2]

Re: cl finance

Bryan Carter Knows exactly who i am, and like the rest of the scum, a stern and straight to the point formal legal letter to them, soon makes him back off and pass it back to OC or whoever his client is. I.e. Answer his crap with formal legal letters and it equals - You know your rights and the law so do not mess with me mr bryan carter or i'll bring you down to earth with a huge bump and dent in your pocket lol.

[jimmer 1]

Re: cl finance

Thanks scottie dog I will do the letter . Just one question what will happen once they receive the letter will they back of or carry on ? Will update if I get a response thanks

[teaboy2]

Re: cl finance

They will probably send you a more detailed statement of account etc and pass that of as proof, which we all know proves nothing. If that happens its time to send a CCA request, or if the dates on the statement show last payment as being over 6 years ago (5 if in scotland) then you send the letter i suggested that Geof sends.

Though its perfectly possible that they will simply pass it back to the original creditor. Basically do not worry about them.

[CleverClogs]

Re: cl finance

Bryan Carter Knows exactly who i am, and like the rest of the scum, a stern and straight to the point formal legal letter to them, soon makes him back off and pass it back to OC or whoever his client is. I.e. Answer his crap with formal legal letters and it equals - You know your rights and the law so do not mess with me mr bryan carter or i'll bring you down to earth with a huge bump and dent in your pocket lol.

Rather than suggesting he should revise the celebrated retort in the unreported case in 1971 of Arkell v. Pressdram?