Debt Collection Agencies - Help with correct Prove It letter

[MissP2014]

Hi Everyone

This is my first post to LB. I have read many of the other threads trying to find a way to deal with some debt collection agencies that have been bothering me.

Some of the debts, I do recognise, but some - who, what, where, when ????????

Please could someone give me an idea of what to write in a Prove It Letter or is there a template on one of the boards that someone could point me in the right direction of.

I am a bit confused as some refer to the Consumer Credit Act and also OFT, but from what I have read OFT is no longer and has been taken over by FCA.

I just want to make sure that I have the correct details, Acts etc that I quote as I have seen that some of these DCAs will just try and fob you off when they reply and I don't want to give them any ammunition to try and confuse me further.

Many thanks in advance of some help.

[FlamingParrot]

Re: Debt Collection Agencies - Help with correct Prove It letter

Hi Everyone

This is my first post to LB. I have read many of the other threads trying to find a way to deal with some debt collection agencies that have been bothering me.

Hi and welcome to LB

Some of the debts, I do recognise, but some - who, what, where, when ????????

Please could someone give me an idea of what to write in a Prove It Letter or is there a template on one of the boards that someone could point me in the right direction of.

See below:

Dear Sirs

Account No: xxxxxxxxxxxxxx

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

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

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

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

I look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Debt Collection Agencies - Help with correct Prove It letter

I am a bit confused as some refer to the Consumer Credit Act and also OFT, but from what I have read OFT is no longer and has been taken over by FCA.

That's correct, the FCA took over the duties from the OFT from April 2014. They are being a little stricter with the debt collectors but nothing much has changed otherwise. Your first step would be to send the prove it letter posted above, so you know what the debts are for. If they are for certain things like loans, credit cards or catalogue accounts you can then send a CCA request but that doesn't apply to overdrafts, mobile contracts, utility bills or contracts for services. That's why you need to know what they're talking about before moving further. :thumb:

[MissP2014]

Re: Debt Collection Agencies - Help with correct Prove It letter

Hi Flaming Parrot and thank you for the welcome.

I will get this underway and will post when I have some replies from the DCAs.

1 - Should I send the letters by Signed For Delivery to ensure that they are received?

Could you post me details of what to include in the CCA request as there is one that I can get started on with that.

2 - Is the CCA request for them to send me the signed Contract, plus request for the Deed of Novation or Assignment if it has been sold to the DCA?

3 - What would contract for services include?

Sorry for the questions, but I fear that I have caused information overload in the brain space!!!!!

You have been most helpful so far and I really appreciate the advice.

Can I ask you one further question? I have read a lot about sending these types of letters and requests as a Freeman - ie john of the family:jones - can you tell me what your take is on it all and is it worth going down that route?

Personally I think it is all a bit confusing and I wonder if you are unsuccessful in finding a remedy to your enquiries with the DCAs etc and end up in court - where would you stand as a Freeman in a court if you think that you are under the ruling of Common Law? It seems that a lot of people are taking this advice on FB and websites without really understanding it and then are complaining when it doesn't work for them.

Or maybe I just have the wrong end of the stick and don't understand the whole concept.

Many thanks again.

[MissP2014]

Re: Debt Collection Agencies - Help with correct Prove It letter

Hi Flaming Parrot

Just one other little question .

If a mobile contract debt has been sold to a DCA would you be able to send the CCA request to them.

Many thanks

MissP@confusedandworndownbythesebullyingDCAtypes!! !!

[Kati]

Re: Debt Collection Agencies - Help with correct Prove It letter

Should I send the letters by Signed For Delivery to ensure that they are received?

ALWAYS :tinysmile_twink_t2:

Can I ask you one further question? I have read a lot about sending these types of letters and requests as a Freeman - ie john of the family:jones - can you tell me what your take is on it all and is it worth going down that route?

Personally, I would steer clear of this ... keep everything as professional as you can, and you will be ok :tinysmile_grin_t:

as for the rest ... you're in good hands with FlamingParrot guiding you through it (she's great at this sort of thing)

K x

[MissP2014]

Re: Debt Collection Agencies - Help with correct Prove It letter

Hi Kati
Many thanks for taking the time to reply and for the advice.
Already feeling a bit better about getting through this from the helpful guideance received already.
Yes I agree on the Freeman stuff - it seems to have gone mental on social media and appears that a lot of people have rushed into sending off letters and are now getting negative replies from the DCAs that they do not understand and cannot contest.
Will definately be keeping it all professional to get my stuff sorted out and it is so encouraging to know that people are here to help.
I had not really acknowledged the pressure that was building up in me personally trying to bury my head in the sand about my debt problems - phew there I said it outloud!!!!!!!!!!!!!!!!!!!!!
Many thanks again.

[FlamingParrot]

Re: Debt Collection Agencies - Help with correct Prove It letter

Hi Flaming Parrot and thank you for the welcome.

I will get this underway and will post when I have some replies from the DCAs.

1 - Should I send the letters by Signed For Delivery to ensure that they are received?

Yes :thumb:

Could you post me details of what to include in the CCA request as there is one that I can get started on with that.

See here: http://www.legalbeagles.info/forums/...=7670#post7670 I'd suggest sending the second, 'in-depth' version.

2 - Is the CCA request for them to send me the signed Contract, plus request for the Deed of Novation or Assignment if it has been sold to the DCA?

No, just for a copy of the credit agreement at inception. You should have received a notice of assignment but that's not part of the CCA request. As for Deed of Novation, I know which site you got that from, I wouldn't suggest following that particular method.

3 - What would contract for services include?

Anything such as web hosting, internet access, satellite TV or any other service.

Can I ask you one further question? I have read a lot about sending these types of letters and requests as a Freeman - ie john of the family:jones - can you tell me what your take is on it all and is it worth going down that route?

In a word, NO. :nono: If you ever end up in court, you'd have a hell of a time explaining all that to a judge! :juge:

Personally I think it is all a bit confusing and I wonder if you are unsuccessful in finding a remedy to your enquiries with the DCAs etc and end up in court - where would you stand as a Freeman in a court if you think that you are under the ruling of Common Law? It seems that a lot of people are taking this advice on FB and websites without really understanding it and then are complaining when it doesn't work for them.

Indeed, they don't understand the whole idea behind it and just send the template letters, then when they are in court they really look foolish, which is why we don't recommend that route.

[FlamingParrot]

Re: Debt Collection Agencies - Help with correct Prove It letter

Hi Flaming Parrot

Just one other little question .

If a mobile contract debt has been sold to a DCA would you be able to send the CCA request to them.

You could send one but they'd reply saying the CCA request doesn't apply because it's not a credit agreement and they'd be right, so it'd just be a waste of time and postage.

[MissP2014]

Re: Debt Collection Agencies - Help with correct Prove It letter

Hey Flaming Parrot
Thanks so much for the sound advice.
I'm gonna get on this 'like a tramp on chips' - no offense to any tramps reading
Heheheh - You obviously know about the website that I have been reading!!!!
Will defiantely not be going down that route - as Kati said - will be keeping it all professional.
Will update you next week with how I am getting on.
Again, thank you so much for helping me out - it really has helped to take a weight off my shoulders to know that I can try and get this sorted and there is help out there.
Best and warmest regards.
MissP2014

[Grotbags]

Re: Debt Collection Agencies - Help with correct Prove It letter

FlamingParrot,,great advice as always.Clear,concise and to the point:cheer2::cheer2: