chiefmegawatty
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Everything posted by chiefmegawatty
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This is interesting:
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I think that providing fake payment dates and disputing the real default date should be illegal. The law seems to be supporting obtaining money by deception and intimidation. On second thoughts, the Government do this sort of thing all the time so I assume it's OK.
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I just wish CCS Collect would admit that they bought a statute barred lemon with no payments ever made to the account. However, I suppose that would mean them admitting they are liars even though they have proved that they are liars from their letters and emails. I suppose the real root of this problem is the Limitations Act implying that it's legally OK to chase statute barred debts. Perhaps the act should be amended to stop this from happening.
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Received an email reply from CCS Collect as copied below: Good Morning, Thank you for your email. We are sorry to hear that you are not satisfied with our response from our clients. We have referred your comments back to our clients, to request any further evidence that they can provide to us. The account will be held until we receive a response. Kind Regards, Correspondence Department CCS Collect
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Thanks for your kind help and advice. I will submit a full complaint after Xmas. Off to Frome now to spend Xmas with my lady friend. Happy Xmas to all on this brilliant forum.
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Thanks fletch for your honest and considerate post. I am so angry with CCS Collect and Capquest that I might employ another way of getting rid of them.
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I may ignore any further letters and wait for them to take me to court. Should they take me to court they are bound to loose.
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Sent a reply to CCS Collect as copied below. Thankyou for your letter dated 19/12/2013 claiming again that the account isn't statute barred. You now claim that I made a payment towards this account on 14/01/2008 which is news to me. You also claim that a payment was made after 23/05/2013 which is completely untrue. You previously stated that I made a payment on 28/03/2013 which is also untrue as you well know. I therefore require you to provide conclusive and complete proof that any such payments were made. Please provide details of method of payment, the place of payment, amount, date, any serial numbers etc. I have never made any payments towards this alledged debt despite your accusations to the contrary. In the event you have proof that I made these payments then simply take me to court. You haven't got any proof because I have never made any payments, so why don't you just admit that you have bought a lemon rather than bombard me with false payment accusations?
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Received another letter from CCS Collect stating that I made a payment of £5 on 14/01/2008 which is total rubbish. They claim they obtained this information from their client Capquest. However they have not provided any proof of any payment contrary to my previous email request to them. They also claim that a further £5 was paid sometime after 23/05/2013 but they don't know exactly when. Despite the fact my credit report showed a default date of 23/05/2007, they are now saying that the default date is 14/01/2008 !! They state that therefore the account isn't statute barred and the balance is due and still payable. I have a copy of my credit report from Feb 2013 that clearly shows a default entered by Capquest and the default date is 23/05/2007. Maybe I should send them a copy as proof of the actual default date.
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The coalition government were considering a threshold for charge orders to be set at £25,000. They then decided to set it at £1000. The government said that setting the threshold that low would reduce bankrupcy petitions. I have looked into the laws on bankrupcy and discovered that a debt of only £750 can bring about a bankrupcy petition against a debtor. However, in order to be made bankrupt your debts must be greater than your assets. So if you have a charge order on your house for £1000 and you own your house outright you will loose your house even though the debt is far smaller than your assets. I therefore assume that the government brought in this low threshold for charge orders to deliberately make house owners with a very small debt homeless. An outright home owner with a house worth £250,000 could find himself evicted due to charge order of only £1000. I am of the impression that the government encourage people to buy houses so they can take them off them due to a very small debt. Why the government want people who have paid thier mortgages off living on the streets due to small debt is beyond my understanding. I assume that the government hate people who buy their houses, live on private income and never claim benefits despite paying into the tax system for decades.
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OK thanks. I will post on here immediately when I hear any more.
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If they sell the debt on do they have to inform the buyer that it's statute barred and that I have already stated in writing that I will not be paying?
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Received an email reply this morning from CCS Collect. See below. The reply is their response to me asking them to prove I made a payment in March 2013. Good Morning, Thank you for your email. We have referred your comments back to our clients to obtain details of the payment as requested. We will be in contact once this information has been received. Kind Regards, Correspondence Department CCS Collect
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OK thanks for your advice. Does that mean that sending the statute barred letter to prevent further chasing means nothing if the current DCA sell the debt to another DCA? Now if that is the case, this process could go on for ever.
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I have never made a payment and never acknowledged the debt. I will let you know immediately after I receive a reply from CCS. I have all my bank statements dating back over 16 years. The postal order accusation is interesting, but how can they prove I made a payment with no details of any postal order?
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Thank goodness for this forum and people like you who are kind to give others good advice.
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Yes understood. However CCS Collect are still chasing a debt after I wrote to them saying I don't acknowledge the debt, won't be paying and telling them it's way past it's statute barred date. I will complain to the OFT as CCS seem to be acting outside the guidelines. Should CCS write back with a load of fake payment details I will be tempted to take them to court myself for attempted fraud using my house as security to pay the legal fees. I own a large piece of land in Wiltshire so I could sell that to fund taking CCS to court.
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I think DCA's need tighter regulation to stop them trying to fool people into paying statute barred debts by fraud and deception. However, how can a person fall for this if they know full well that they have never made any payments? I am surprised that CCS Collect think they can convince me that I made a payment when I know full well I never have. They seem to assume that I'm thick.
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Letter written and sent as per your good advice. CCS Collect don't realise that I have been monitoring my credit report on a monthly basis throughout 2013 which clearly showed that no payment was made in March 2013 or at any other time. I will be astonished if they produce details of a payment that never happened. Hopefully they will back off now and close the account. They have mentioned that they will pass this back to Capquest if I don't pay up. I don't see what good that will do them.
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OK will do and thanks very much for your help and advice.
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I received a written reply from CCS Collect. They claim that a payment was made towards the debt on 28th March 2013 and is therefore not statute barred. They request that I phone them to discuss this. I have no intention of speaking to them over the phone. Their claim that a payment was made is total rubbish. However I did notice that the amount being demanded dropped by £10 somewhere between Feb 2013 and Aug 2013 when Capquest were sending me letters. I assumed that was an admin error. Seems that my sending the statute barred letter has opened a can of worms. I assume I now need to ask them to prove that a payment was made and by whom. Their lies and deception are now beginning to really wind me up.
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Maybe the secret society is the one with the funny hand shakes.
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Yes exactly. Seems to me that there is something dodgy going on.
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I understand that original creditors often sell debts to debt collection agencies for 10 pence in the pound. Then the debt collection agency chases the debtor for the full amount. Why cant the original creditor offer a 90% discount to the debtor rather than sell the debt to a debt collection agency. This would allow the debtor to buy up and own his own debt cheaply. Maybe then the debtor could send nasty letters to himself to recover the remaining 90% from himself.
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Just sent the statute barred letter via email to CCS Collect and had an automated reply as copied below. I therefore assume that they cannot claim that they didn't receive my email. We acknowledge receipt of your email. Replies will be dealt by normal postal methods or by phone for security reasons and by strict order of receipt. If you have not received an expected response within 7 workings days, please call 0844-412-0344, it maybe that you did not quote your CCS or Payment reference number which we would need to locate your account. Regards Correspondence Team CCS Collect
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