help

[Nikinoo]

Hi am knew to this site and could really do with some help recieved letter from a debt collection agency called advantis yesterday stating that they have been instructed by their client CapQuest Debt Recovory to make arrangements to collect a debt which their records show as being outstanding they have asked me to contact me by phone and if i dont then they will take legal action against me i.e a ccj which they are saying will effect my credit in the future they then go on to say if this happens then can

Apply to the court to order my employer to make deductions from my wages
appoint a bailiff to visit and remove goods to the value of the debt
or send a collecter to my my home to collect the outstanding debt

Thing is i have no recollection of this debt although i had some debt a good few years ago could this be from then and if so it would have been more than six years and presumed that this is no longer outstanding as i was unable to get credit until recently any advice on this would be gratefully recieved as i am worried they are going to use bulling tactics to try and get money out of me that im not sure i owe.

Also have a debt with Southern Water and a few months ago some women knocked my door asked if i was Mrs Wall which i replied yes she then told me that she was here to collect said debt asked for bank details which i declined and told me that i would have to pay £20.00 a fortnight at a paypoint that i would recieve a letter from them with a barcode to pay it i have recieved no letter she didnt even tell me who she was or what company she was from and i hadnt even recieved any letter from Southern water to confirm that i had to pay this women so i did nothing because i wasnt sure who the hell this women was a few days ago she turned up again and i didnt even answer the door
she left a photocopied card to say she would call again tommorow with EOS up in the corner she didnt turn up, since then i have had a default notice from Southern Water this is the only contact from them i have had telling me it has been passed to EOS debt collection agency and to contact them to be honest im a bit sceptical about them surely Southern water should have contacted me first in writing instead of some stranger getting heavy with me at my door can i pay this debt directly to Southern Water rather than EOS as i think they have been rather underhanded and are likely to get nasty.

Hope this all makes sense and you can offer me some advice:beagle:

[Nic]

Re: help

I am in the same position regarding advantis. If any alledged debt has not been acknowledged or my payment for 6 years it becomes statute barred.

Someone with a lot more knowledge than me can help with both your issues.

[teaboy2]

Re: help

What was the debt with advantis for?

As for southern water, you need to contact southern water directly and arrange a repayment arrangement with them - otherwise they will enter your property and install a water meter. They can not however cut off your water supply!

Tell this lady from EOS, the next time she comes, that under OFT debt collection guidelines she nor any doorstep debt collector is are permitted to visit you on your property without prior appointment, and that under common law only the postmand and person(s) asking direction may visit your property without prior license. Therefore as she has not prior arranged appointment agreed with yourself then she is under common law committing an act of tort of trespass, and therefore she is to leave your property and to not come back our you will call the police and have her removed from your property. Also tell her she has no right to your bank details either!

[Nikinoo]

Re: help

Hi thanks for your reply about the debt for advantis this is what I'm not sure about all the letter states is I have an outstanding debt of £795.86 it gives a client reference number and that their client is CapQuest Debt recovery I haven't a clue what the debt is for and then it just goes on to say if I don't get in touch within 7 days they may take further action and then goes on to say what that will be

[ODC]

Re: help

Under NO circumstances must yo ring ANY DCA. They have no Legal Powers whatsoever. Wait until you receive notification as to what they are chasing you for and get back to us.

[teaboy2]

Re: help

Ok just ignore Advantis until they can be bothered to reveal what the debt is for. As at the moment its just a fishing letter in the hope you respond. Or alternatively you can send a prove it letter to them.

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 Capquest Debt Recovery, or any knowledge as to how this debt came about, or who the original creditor to this alleged debt is.

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 - DO NOT SIGN BY HAND

Edit the I/we parts as required and send it recorded delivery too so then they can not deny recieving it when they have signed for it. Keep proof of them signing for it too.

As ODC says, DON NOT speak to them on the phone and ignore there threats as their just standard threats in a standard threatogram they send out to everyone. Hence why they say "MAY TAKE"

[bluebottle]

Re: help

Attached is a copy of the OFT Debt Collection Guidelines. You can play "Spot The Breaches" with them. Also, a document taking you through the process of making a formal complaint to OFT Credit Fitness Team. Although it refers to bailiffs, the process is more or less identical for DCAs. You may need to do this if the DCAs start playing silly buggers. If so, come back onto this thread and we'll help you with the necessary letters, etc..

[ploddertom]

Re: help

For different reasons I am interested in your Southern Water debt and ask if you are able to say for which period this covers & approx how much to the nearest £100?

[Nikinoo]

Re: help

Hi thanks for all the advice feeling much better now.about my debt with Southern water am I entitled to pay my debt directly to them as I really don't want to have to deal with EOS after the way that women was with me was thinking of writing letter to Southern water explaining I'm willing to pay debt etc but that I will only deal with them directly also am I able to pay them what I can offer to afford as I am on a low income only had people say as long as I am paying them something then they can't threaten me with this and that

[ODC]

Re: help

If you decide to deal directly with southern water my advice would be to include a payment with the letter

[weegeo]

Re: help

May i ask can you send the `prove it`letter by email ? i do apologise if this is silly


weegeo

[teaboy2]

Re: help

Yes you can email it! But keep a copy as evidence you had sent it.