debt company

[jaylee]

i sent a letter to debt company to supply a copy of the statement to witch they say i owe now they want me to confirm if i lived at the address and the date i entered and vacated i have lived at the address over 14 years ago
can someone help me

[Nibbler]

Re: debt company

Even if you did owe it, then most debts of that age that you haven't acknowledged or made a payment to for any period of 6 years (or 12 for mortgage shortfalls & similar) would be statute barred.

So what sort of debt are they claiming? Do you recognise the debt all? Or are you not really sure?

A bit more explanation will help us work out whether it is best to send them the statute barred letter, put them to a stricter proof of the debt, or just ignore the chancers as they don't even seem sure that they have the right person?

[CleverClogs]

Re: debt company

Remind them of Arkell v Pressdram.

[charitynjw]

Re: debt company

Remind them of Arkell v Pressdram.

I'll gnome that in one!

[ODC]

Re: debt company

Triples all round but watch out for Carter F*ck

[jaylee]

Re: debt company

No i sent them a letter that i do not acknowledge the debt and asked them for a copy of the agreement they refer to
1,you must supply me a copy of the agreement you refer to.This is my right under your obligation to supply a copy of the agreement which is s.78(1)CCA1974(S.77(1) for fixed sum credit)-your obligation extends to providing a statement of account. I enclose £1.00 postal order in payment of statutory fee

2, You are also obliged to supply a copy of the deed of assignment of the above referenced agreement.

3, You are notified that you are obliged to supply these documents,whether you are the original creditor or not. Failure to comply with my request will result in a report being submitted to the relevant statutory authority. I await your response in writing. I also send a copy of the letter sent

client : CapQuest Group LTD (catalogue) I would not get things from a catalogue when you can go to town and get it for 1/2 the price and i wanted the list of what was sent and the name of the company
yet all they send is more questions

[charitynjw]

Re: debt company

A simple 'prove-it' letter at this stage will suffice.

& remember not to forget proof of postage.

[Nibbler]

Re: debt company

Yes, requesting copy agreements at this stage just makes it look as if you do owe the debt and sidetracks you from the real issue of whether the debt is yours, and statute barred if it is.

At this stage if you are going to correspond with them at all you should just be asking them to "prove the debt" without reference to the CCA, or telling them that it is statute barred, or a combination of both.

Reference number:

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to <name of creditor>.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

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. 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.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

And if you want to raise the statute barred issue at this stage where they have indicated or implied the age of the account, without acknowledging it at all to get them to bugger off quicker, you could modify that to something like:

Reference number:

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

I would point out that we have no knowledge of any such debt being owed to <name of creditor>.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

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. 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.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

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 in their Debt Collection Guidance, the OFT regard the following unfair or improper business practice for a creditor to:

• pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.
• continue to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.

[CleverClogs]

Re: debt company

Yes, requesting copy agreements at this stage just makes it look as if you do owe the debt and sidetracks you from the real issue of whether the debt is yours, and statute barred if it is.

Indeed.

It will only encourage the buggers and might even induce them to claim that, by having seemed to acknowledge the alleged debt, it has been miraculously revived despite it having been SB for eight years.

Which DCA is it? MacKenzie Hall?

[wales01man]

Re: debt company

If I can butt in,if the OP thinks the debt is not theirs or statute barred why talk or write to the DCA it will just fuel their desire to chase them for the alleged debt is it worth a stamp or phone cal?

[ODC]

Re: debt company

If I can butt in,if the OP thinks the debt is not theirs or statute barred why talk or write to the DCA it will just fuel their desire to chase them for the alleged debt is it worth a stamp or phone cal?

Good point. This will be just the 1st in a rainforest load of increasingly ridiculous threatograms. Wait until they use the BIG BOLD RED LETTERS

[Nibbler]

Re: debt company

If I can butt in,if the OP thinks the debt is not theirs or statute barred why talk or write to the DCA it will just fuel their desire to chase them for the alleged debt is it worth a stamp or phone cal?

Yes, if it was me then I might well just ignore the idiots.

Not everyone feels the same way though, and don't like these things hanging over them, or want to just put an end to it, or take some positive action.

I think it's down to each person to take whatever approach they feel most comfortable with.

[wales01man]

Re: debt company

I agree its their decision but if its not their debt I would say the only time to act is when a court claim comes if they want the grief of paper tennis for weeks or months that's for them not everyone can be like me and just ignore and file the letters I have a strong feeling that those employed by some DCAs see it all as a game

[CleverClogs]

Re: debt company

I have a strong feeling that those employed by some DCAs see it all as a game

Or as a means of collecting the money, irrespective of whether or not it was owed by their victim?

[wales01man]

Re: debt company

Who would pay a debt that's not theirs? if there is anyone ive a few they can pay please