Prove it letter

[alboy]

Hi would like to say what a great help this forum is, thank you for all your hard work,
I need some advice on this, sent a prove it letter to dca but did not send the one pound postal order, had a reply two weeks later headed notice of sums in arrears, this time from a different dca but for the same creditor Hillesden, I think the new dca, DLC are part of Hillesden, do I resend the prove it letter again with the one pound postal order or ignore them can you help.

[labman]

Re: Prove it letter

Resend it with the PO

[winner12]

Re: Prove it letter

Sorry to butt in but whats the £1 for

[labman]

Re: Prove it letter

I have assumed the OP wanted a copy of the CCA agreement. If it's just a prove it letter, you're absolutely right thanks, there should be no fee. It's upto them to prove they have a right to collect the debt.

[Guest]

Re: Prove it letter

Hi

Not wishing to hijack this thread, but perhaps the OP wouldn't mind me expressing my thoughts on the"Prove it" letter.

If for any reason someone decide they are not going to pay I, and many others have recommended the sending of these for some years now. Just lately I have begun to wonder why.

The alternative of course is just to ignore the DCA's letter.

I really cant see any advantage in sending the the request, the fact that they will have to prove the debt would come out anyway in court, if that was their intent.

If they haven't got any proof they will respond with a load of waffle, designed to make you continue the dialogue.

Section 78 requests are a waste of time IMO they can manufacture them with or without an agreement, if they decide to enforce they can just produce one under CPR or even at the hearing.
It has been clarified for all to see that these request are only of any use for information purposes they prove nothing.

I think the best response now is to ignore anything that doesn't come from the court, if they ring either refuse to answer security questions or even just ask then to take you to court.

My opinion

D

[alboy]

Re: Prove it letter

Hi
Thanks you all for your thoughts, I thought I had to send a pound, I must have misunderstood curlybens
post on prove I'm the debtor, any debt I had if it was mine would be sb anyway.

[winner12]

Re: Prove it letter

Hi alboy
If your sure its SB then there is a template on here somewhere to send if you want to stop all the letters

[Angry Cat]

Re: Prove it letter

http://en.wikipedia.org/wiki/Robin_Faccenda

Running around like headless chickens...

[MIKE770]

Re: Prove it letter

Send a prove it letter, you only send a £1.00 if you are requesting copy of an alledged CCA1974 agreement, they no doubt just eventually send a copy of what an aggreement might of looked like under section 77/78/79/, but if went to a court you would request under rule an actual copy of the CCA1974 agreement under section 61.1 of the CCA1974.

The letter to prove it is under Curlys siggy or at the top under Credit Card/DCAs. at this stage if you think it is Statute Barred i.e. 6 yrs after the last payment only send a prove it letter nothing else, and do not admit anything, and do not talk on th phone to them, all in writing>>>

[alboy]

Re: Prove it letter

Hi Winner12


Thank you for reply, i know i could send the sb letter but why should i tell them that
its my debt, when they are unsure its even my debt, thats why i sent the prove it
letter, all they did was change dca and send me a notice of sums in arrears with
just my name on it, my middle name is not on it, good game though.

[winner12]

Re: Prove it letter

http://en.wikipedia.org/wiki/Robin_Faccenda

Running around like headless chickens...

Hi Angry Cat
I think that says it all

[winner12]

Re: Prove it letter

Hi Winner12


Thank you for reply, i know i could send the sb letter but why should i tell them that
its my debt, when they are unsure its even my debt, thats why i sent the prove it
letter, all they did was change dca and send me a notice of sums in arrears with
just my name on it, my middle name is not on it, good game though.

Hi alboy
Oh i see now your not too bothered by the letters
you could just ignore all there drivel in that case and also knowing it is SB
I would not even waste my money on the stamps and this shower of muppets

[MIKE770]

Re: Prove it letter

Phishing trip by them ?

[labman]

Re: Prove it letter

If you want to get rid of them, just send the SB letter:

Creditor or DCA Name
Creditor or DCA Address
Town
County
Postcode





Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.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.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to s.40 (1) of the Administration of Justice Act 1970".

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

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[Guest]

Re: Prove it letter

Hello

Yes it is five years in Scotland of course and if you live up there the debt is not only unenforceable but extinguished.

Section 40 of the administration of justice act no longer applies to loans, it was amended by the CPUTR's.

D