what is the name please

[john 1963]

if you have had a debt that for some reason has not been paid it tends to get passed to a collection company. The collection company has to have proof of the original debt, can anyone tell me what the name of the paperwork is that they have to provide to you if asked? many thanks

[labman]

Re: what is the name please

If you are referring to their right to collect the debt, ideally you want to see the Deed of Assignment, but in reality, it is highly unlikely they will ever reveal this without being forced to in court. The next best thing is to do a SAR to ensure the debt has been assigned lawfully.

[john 1963]

Re: what is the name please

do you issue the sar to the company has taken over the debt then labman? and what will I be looking for on the SAR?
thanks

[labman]

Re: what is the name please

I don't know how good you are at keeping letters - you may already have what is needed. You are looking for the Notice of Assignment which is basically a goodbye from the OC saying they're passing the debt on, and a hello from the new company saying they've taken the debt on.

I assume the OC would have defaulted you as well. It is well worth scrutinising the Default Notice to make sure it is compliant. A debt cannot be enforced on the back of a non-compliant default notice.

It would be useful to have more details if possible, as we may be able to suggest further / better avenues forward if we knew more about the debt in question.

[john 1963]

Re: what is the name please

the debt is actually the wife's, it was a Littlewoods catalogue she ran about 10 years ago but quite a few of the customers never paid. We moved house and she totally forgort about it, then 6 months ago she got a call from CapQuest saying they had taken over this debt and they sorted out a repayment schedule. We are not disputing that she owes this money, but we have had no letter or anything of CapQuest just the phone call and I just don't trust people anymore I'm afraid so I need to know basically if this is genuine.

cheers labman

[basa48]

Re: what is the name please

John

The document you should ask for is a copy of the original 'credit agreement' that bears your wife's signature.

Being a 10 year old Littlewoods account it is very doubtful they will find it !!

Ask for it in compliance with the Consumer Credit Act 1974 section 78(1) which will cost £1 (send a postal order - nothing with a signature or bank account number).

[john 1963]

Re: what is the name please

basa sorry for my ignorance but what is the point of sending off £1 if it is doubtful they will find it?

[labman]

Re: what is the name please

John,

Did you go a clear period of 6 years without acknowledging this debt in any way? Please answer that question first. Depending on your answer to that we can take things from there, but I agree that the next step would be as Basa suggested now you've given more detail.

In fact two questions would be helpful to have answered:

1. Did you go a clear 6 year period without making any payment to this debt or acknowledging it in any way?

2. Who is the Debt Collection Agency who has made contact with you?

Thanks,

Labman

[john 1963]

Re: what is the name please

yes it was well over 6 years, like I said she had forgotten all about it untill this call out of the blue from CapQuest. We purchased a cooker through her sister's catalogue last year, the same company Littlewoods, and paid for it in one go as we could not find that model anywhere else so I presume it sent bells ringing in Littlewoods.

[labman]

Re: what is the name please

If you are sure there has been a period of 6 clear years with no acknowledgement, then there is no debt to repay. It will have become Statute Barred under the Staute of Limitations Act.

I would suggest you send this:

Insert Date

Dear Sir,

Re: Statute Barred Account - Numbered – XXXXXXXX

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 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

[john 1963]

Re: what is the name please

labman since they rang she has started paying it again (2 months ago) so will that make any difference to this statute barred thing?

[miliitant]

Re: what is the name please

no

once statute barred, allways statute barred

if six years has passed without acknowledge the debt, making a payment does not restart the limitations clock
after the six year period

[labman]

Re: what is the name please

If the 6 year period had passed, they have every right to continue asking for the money to be repaid, and she can choose to repay it. However, once Statute Barred, it can never become un-SB! Stop paying and send the letter would be my suggestion.

[john 1963]

Re: what is the name please

it is a firm call CapQuest militant

[labman]

Re: what is the name please

Send them the Statute Barred letter and stop paying!