Prove it letter

[Angry Cat]

Re: Prove it letter

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

Running around like headless chickens...

Yes, their reputation goes before them!

[labman]

Re: Prove it letter

Hello

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

D

Guess I need to change the letter I had saved on my PC then! lol

Thank you!

[labman]

Re: Prove it letter

Try this instead:

Insert Date

Dear Sir,

Ref Account: abc123

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

I 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.”

I would also point out that the OFT say in their Debt Collection Guidance, "It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period.” It states further that, “Continuing to press for payment ….. could amount to harassment.”

The last acknowledgement to this 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

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 reply.

Yours faithfully,



Print Name

[alboy]

Re: Prove it letter

Hey thank you all for all theinformation and sb letter really appreciate it
will use the sb letter if needed, Ilike angry cats headless chickens one,
I will justignore them and see whathappens will keep you all informed.

[alboy]

Re: Prove it letter

Hi thought you might like an up date on this one, have had a letter from a new dca telling me I have an outstanding balance, and they are the agent to now collect from me, sent them the prove it letter, they wrote back saying they cant comply with my request as they are required to verify information we have been provided with myself for the purpose of data protection, can I contact them as they need to complete the necessary verification, how can they send this if they have already told me I have an outstanding balance and given me the account number and original lenders name, can they ark me for this information what ever they need ?.

[Nibbler]

Re: Prove it letter

Because DCAs only think the DPA applies to them them when it suits them.

[FlamingParrot]

Re: Prove it letter

If they are not willing to prove that you owe them money then there's no reason for you to get in touch with them, let alone make payments. :nono: I could also write to you saying you owe me money and get you to pay into my bank account, anyone could do that! :rant:

[MIKE770]

Re: Prove it letter

If they are not willing to prove that you owe them money then there's no reason for you to get in touch with them, let alone make payments. :nono: I could also write to you saying you owe me money and get you to pay into my bank account, anyone could do that! :rant:

Right there!

[enquirer]

Re: Prove it letter

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

It stitches them up.

You have been 'reasonable' - whereas they have not. You have communicated, they have refused (or been unable), to respond with proof. If they then proceed (in court, doorstep visits by goons, etcetera), they look bad. Indeed, they may look so bad that the claim may actually get struck out.

[FlamingParrot]

Re: Prove it letter

Many debts never see the inside of a court room, if they went as far as that, they would need to provide proof positive, provided you challenge them. Many people wouldn't, or wouldn't even receive/see the court papers and the DCA would obtain default judgment.

Some DCAs are just on fishing expeditions and, when challenged, will move on to easier prey.