Debt not paid by "trusted" party

[Skelly1983]

Re: Debt not paid by "trusted" party

ye i will give it a go see what they say

[bluebottle]

Re: Debt not paid by "trusted" party

I will be going down the SB route with the DCA.

And will be looking at getting her prosecuted because even if the account is SB i aint letting her get away with robbing us.

I dont feel i will need the content of the SMS, i think being able to show that there was a corrispondance between them when the payments were late will be good enough to help.

Although there must be a log of the content, if the police can get hold of text messages when they are investigating crimes there must be a log, and in that case it is information that should be available to the person who owns the phone.

You have a paper trail and evidence in the form of bank statements should you choose to go to the police. However, as Davyb has stated, there is nothing to prevent you pursuing a civil claim against your wife's former friend. If the repayments were not being paid from before 4 October 2006, the debt is statute-barred and CapQuest can go swivel, along with Abbey.

[Skelly1983]

Re: Debt not paid by "trusted" party

I believe she may be bankrupt, so probably wouldn't get anything back from her in end anyway i dont think.

the default was placed on wifes credit file in may 2007, so would this be the 6 months after the last payment they received? they had told me wife no payment had been received since nov 2006, so a few weeks togo.

[Guest]

Re: Debt not paid by "trusted" party

Ensure you do not acknowledge the debt in writing, if you must correspond refer to the "alleged debt"

D

[Skelly1983]

Re: Debt not paid by "trusted" party

Am sending this:

Dear Sir or Madam,

I refer to the debt for £20000.68 which you allege is owed by me, please note I do not acknowledge any debt to your company or any company you may claim to represent.

I have researched this alleged debt and have concluded that it is now statute barred therefore I will not now or at any time in the future make any payment or offer of payment in regard to the alleged debt.

Should you wish to contest this statement I remind you that the onus is on your company to provide irreffutable proof that the alleged debt is not statute barred.

I am fully aware of the OFT Guidance on debt collection 2003/2011 and the sections regarding the pursuit of statute barred debt.

---

How is this?

[bluebottle]

Re: Debt not paid by "trusted" party

Try this -

Dear Sir or Madam,

I refer to an alleged debt for £20000.68. For the avoidance of any doubt, would you please note that I do not acknowledge any debt to your company or any company you may claim to represent.

You are reminded that, under Section 5, Limitation Act 1980, all alleged debts alleged to have been incurred under simple contract become statute-barred where no acknowledgement or payments have been made in the last six years. No acknowledgement has been made nor have any payments been made in the last six years.

Should you wish to contest this, you are reminded that the onus is on your company to provide irrefutable evidence that any alleged debt is not statute- barred.

Your attention is drawn to current OFT Debt Collection Guidelines in their entirety and, in particular, those relating to Statute-Barred Debt.



I've redrafted your original letter to give CapQuest as little room to manoeuvre as possible.

[Skelly1983]

Re: Debt not paid by "trusted" party

I will use that, its much better thanks bluebottle.

[Skelly1983]

Re: Debt not paid by "trusted" party

They have responded back to inform me that they have placed the account on hold while they get the requested SAR.


Also i had sent a letter of authority from my wife to autorise myself to deal with the alleged account, they replied back saying that she would need to sign this otherwise they can not autorise me to talk on her behalf, this i feel is a trick to get her signature?

[Skelly1983]

Re: Debt not paid by "trusted" party

Accounts received and the last payment was on 29/08/06, I am sending the statute barred letter to them.

A Notice Before Legal Action letter was sent to the ex-friend, if she does not reply again then will be going to the police.

[Skelly1983]

Re: Debt not paid by "trusted" party

They sent a response letter telling me that they had received payment on 08/11/06, and therefore it is not statute barred, the letter was dated 10/11/12 so that would make it 6 years and 2 days.

This was actually bounced back to the account on the 10/11/06 as the fund was not in account, all this was in the transaction summary.

Called them up, recorded the call (notice of call recording letter had been sent to them), informing them that of these facts and there answer was that the 6 years was from the date of the default, informed them that this was not correct and they checked with there legal team who told them i was right, the account is now listed as statute barred and they will be sending confirmation letter (which i have requested).

I thank everyone for there help in resolving this issue.

[Skelly1983]

Re: Debt not paid by "trusted" party

Seems i was talking to myself for over a month lol.

Ah well thanks anyway to everyone.