Thanks so much for your help

It says their "client" is Virgin Media.

Hi all, I came home from work today to find a letter from Capital Resolve chasing a £181.07 debt from Virgin Media. I've absolutely zero knowledge of this debt; we were last customers of Virgin Media 11 years ago, and even then the account was in my wife's name, not mine. It's possible I may have been a customer many years before that, but it wouldn't have been at this address. Citizens Advice have advised me to send the "Complaining to debt collection agencies that you do not owe the debt (sole name)" template letter from the Natonal Debtline website, but I thought I'd check here before proceeding as I've received priceless advice from users of this forum previously. Thanks in advance for your help, Gary

Thanks so much for this information guys, I'll submit this SAR and will let you know how it goes, and probably come back for more info.......!

Hi guys, My father in law has received a letter out of the blue from the DWP saying "our records show us that you owe £2,982" and they can get an attachment of earnings, send debt collectors blah blah blah....... He is due to start claiming state pension in Feb 2018 so he completely panicked thinking this was a demand for a shortfall in NI contributions & he wouldn't get full state pension. he called them up and set up a payment plan, without asking them what it was actually for.......... After speaking to me, I pointed out this letter doesn't say what he owed it for (it was literally like me writing a letter to you and saying you owe me 3 grand, no reason whatsoever), he called them back and they said it was for Incapacity Benefit that was paid to him for a couple of months starting in October 2003, and they allege he was earning at the same time. This raises a few issues. Firstly, he knows that he definitely was not earning at this time, but he may have been receiving private pension payments. He will have to look up old info to confirm this or not so we can't contest anything yet on this point. However, on a broader point, do they actually have a leg to stand on asking for repayment 13 years after the event? They've sent a letter with no explanation whatsoever, blindly asking for 3 grand. Then when he phones up the DWP they say it's nothing to do with them, it comes from the benefit office.... .... It just all seems very suss. Has anybody else had experience of this please?

Thanks Donkey. I did read something about that. It strikes me as odd that Welcome are still looking at claims prior to 2005. Can only try though. Will look that up and get a letter drafted

I think we may have 3 cases for misselling. He was told it was compulsory, he wasn't aware of the total cost because of it being front loaded, and apparently he was in a job at the time where he would receive full sick pay. Is there a pro-forma letter I can use?

WOW.......that is more than 6 years worth of repayments he has to make! That's incredible, I'll try to get the letters in the post over the weekend. Thanks yet again for your help

There was a raft of costs, £200 for the agent, £335 for the hearing and I think 2 sets of solicitors fees, one £85 and one £80. He said the 8% statutory interest thing was outdated and he doesn't agree with it. I'm just angry because they never issued the default notice and lied. My brother's happy to not have a CCJ but it feels like a hollow victory to me. Is there any advice you can offer with regards to making the PPI claim? He seems to remember being told he pretty much had to have it . I believe also that it was front loaded PPI, can this help us? I'm concerned about the age of these too. One agreement was signed in October 2003 and the other September 2004. Am I right in thinking it's trickier trying to win claims for policies sold before January 2005?

Hi Guys. Back from court, not entirely sure how I feel about it. Judge wasn't prepared to consider the defence. He said we should have put the papers in 2 weeks ago. My brother told him that we had no notification at all from the court, and the judge simply blamed him for not notifying the court that his address has changed from the last time. He suggested that we leave the room and try to come to some agreement with the agent that Welcome Finance sent, and seemed keen for us to discuss a Tomlin order. We mentioned to the agent that the account was terminated and she said that it wasn't. I told her that it clearly states in the PoC that it was terminated and they hadn't issued a Default Notice. She shrugged her shoulders and said it was a "discrepancy" and would simply say that in the room if we chose to contest the claim. My brother obviously would have liked to have won, but the crucial thing for him was that he didn't walk away with a CCJ so he chose the Tomlin order. He'll now be paying back £50pm for 8 and a bit years. The one decent thing the judge did do was say he wasn't prepared to agree statutory interest at 8%, it would be limited to 3% at most. We'll also now be putting in a sturdy PPI claim to reduce the balance by a considerable amount I imagine. I don't know if we did the right thing, but he didn't want to take the risk. The judge was a grumpy so and so and they did establish early on that there was a debt and it wasn't statute barred. I don't know what to do now, if anything. My understanding is that with a Tomlin Order the case is stayed. Is it still feasible to put in an application for it to be struck out on the basis of them not issuing the default notice or is that clutching at straws? I don't feel satisfied with this outcome.

Aha, tricks of the trade ;-) Thanks Andy. Is it likely that the Claimant gave the Court the wrong address for my brother, or is it more probable that it's a clerical error on the courts part such as using the address on the original claim from 3 years ago? Also, in the witness statement that you sent me a link to yesterday there is mention of the defendant seeking to recover costs. Is this a line I should use in our WS?

Oops.......OK I'll send a copy as soon as possible. Thanks for letting me know.

Hi Andy, Thanks for your input. I'm going to add the exhibits at the end, I just wanted to try and get the witness statement done and uploaded for you to have a look at first. I'll try and get it into that format tomorrow and upload it again. I hope I can get it looking as good as the one in the link you posted, mine seems too "wordy" but I like the style of that one. Do we still have time to get this to the court or will it need to be presented verbally at the hearing now? Regards, Gaz

Ok guys, here goes. Tear it apart, let me know if I'm on the right track please

Oh crap, only just seen your replies......... Was just about to update you though because my brother has just spoken to the court and there seems to be a major issue. They wouldn't tell him if there had been an application to amend the particulars of the claim, they just said he would have received notification by mail. He told them that he has received NO correspondence at all from the courts, he wouldn't have even known about the hearing if it wasn't referred to in IND's paperwork. he asked them to check the address they have for him and they said it doesn't match his. They wouldn't tell him which address the paperwork was going to but suffice to say he hasn't been getting it! He asked what he could do, they said he could request the paperwork by email, but they would post it to his new address. There's no chance of getting it before Thursday at best!