debt managers ltd / call serve

[riverstyx]

Well, I've been lurking around on these forums for several years now but never posted before so perhaps it could be argued this is long overdue.

 

With the help of these forums and others, I've managed over the past couple of years to scrimp, save, pay, and negociate settlement of all my debts and I've now been debt free since last autumn, or at least that was what I thought.

 

Then, out of the blue, I start getting letters from 'call serve' requesting payment of a £245 debt which dated back to about 1997 originally, which I think was defaulted in 98 or 99, and for which I've had no communication for years, so back to the forum to do some more research.

 

Well, I was going to hit them with the template 'statute barred' letter, but I've been off sick this week and decided I'd use today productively to try and resolve the matter over the telephone. So, ensuring I both recorded the conversation, prepared carefully exactly what I wanted to say, and stating categorically right at the beginning of the conversation that I did not and would not acknowledge this debt, I called call serve who's most recent letter had threatened legal action if the debt was not settled within 7 days. Having advised them that that I was fully aware as they were that the debt was statute barred and having advised them that if they continued I would be raising a claim for harassment, they quickly decided they would be passing the debt back to their clients 'debt managers ltd'.

 

Next then, was a call to 'debt managers ltd' to make my views very plain to them too, after putting me on hold for a while, they also admitted the debt was statute barred, that there was no enforcement action they could take, but were adament that they would continue writing to me anyway and could only make a note on the account that I would consider any further letters as harassment.

 

So, I called the oft, made a formal complaint and must say I found their helpline extremely helpful. I have now sent the following letter recorded delivery and will await their response with much anticipation as the oft have agreed to take the matter up on my behalf if I do not get a satifactory response.

 

Really I just wanted to share my experiences with the rest of you, and provide a copy of the letter I sent on the offchance it might be useful to someone else who finds themselves in a similar position. I'd also like to take the opportunity to thank all of you on this forum for the assistance you have provided me, albeit whilst being unaware you were doing so.

 

A copy of the letter I sent is included below, and I hope it amuses you all as much as it does me.. We've just gotta keep trying to put these debt collection people in their place and make them understand we won't all let them walk all over us

 

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Debt Managers Ltd

12 Hope Street

Edinburgh

Midlothian

EH2 4DB

 

 

Administration of Justice Act 1970

 

Dear Sir/Madam

 

Account Number: xxxxxxxx

 

Further to the recent letter from your agents 'call serve' threatening legal action, and my telephone conversations with them earlier today in which they advised they were acting on your behalf and would now be passing the debt back to yourselves, I had a telephone conversation with one of your agents this afternoon (Kelly) who confirmed that this debt is indeed statute barred but advised that you would continue to send letters requesting payment despite being advised that I would consider this as harassment.

 

I wish to advise you that I have lodged a complaint with the OFT and would again like to draw your attention to OFT664 Debt Collection Guidance which clearly states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

In addition, the guidance states “it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions” which is exactly what your agents have done in their recent letter by stating “Failing settlement of the debt within the next SEVEN DAYS we will request our clients authority to commence legal action and it will be our intention to enforce any judgement given” and “It is in your own interest to pay your account now and avoid legal proceedings and any additional costs”

 

I therefore formally request that you confirm in writing to the above address that this matter is now closed. Should I then receive any further correspondence relating to this debt after the above confirmation, or should you fail to provide this letter of confirmation, please be advised that I will again pursue the matter further with the OFT in an effort to have your licence revoked and will make available a transcript of the call recording I made of today's telephone conversations, along with all correspondence send by yourselves and your agents.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account following said letter of confirmation.

 

I look forward to your reply

 

 

Yours Faithfully

 

 

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[ananya]

Hi riverstyx and welcome to posting on CAG

 

Your letter looks excellent and I hope it works for you, along with the complaint to the OFT too.

 

Good luck!