New to the site, looking for some advice to hopefully put my mind at rest.
Sorry if it seems like i'm rambling!
Bit of background info first.
Years ago, way more than 6,
my parnert had a catalogue that she was paying off.
I'm not sure of specifics, but it ran into a debt.
This was all sorted at the time of the debt by the catalogue themselves, and the account closed off.
Fast forward to last year,
and she started to receive threatening debt collection letters from a company call McKenzie Hall.
Not know who they were, or still thinking she had any debt, she ignored them, as she was fully aware of spoofings.
She received more letters at random times from the same company.
The interesting part is that the amounts were all different,
some more, some less then the previous letter.
She started to get a little distressed,
so I started to look around the internet forums.
We also looked at ther Experian report.
There was nothing on there that was outstanding,
It had all her credits (sofas, cooker etc) all paid in full.
Her rating was just above average.
I found lots of other people with similar circumstances, so sent the following email on her behalf:
Client reference: xxxxxxxx
Principal Sum: £1409.47
Please give details of where this sum of money awaiting to be paid has come from, with a detailed break down if possible please.
I beleive I have paid off all my creditors years ago, the last time I had credit was at least 10 years. I seem to recall the last one was 15 years ago.
I do not appreciate the threatening letters and phone calls, without any form of proof of non-payment.
We received nothing for 3 months, so considered the issue closed. Out of the blue, another letter asking for collection of the debt. I sent the following email:
Further to your letter dated 5th May 2011, which was not received until 6th-13th September, which is infact before my below respondance, having not had any acknowledgement from yourselves in a period of 124 days, I considered the issue closed.
As before mentioned, I have not had any credit for the past 10 years, and any I had have in the past 15 years, has been Paid In Full.
I do not appreciate this kind of threatening behaviour, especially as I have nothing to owe.
Limitations Act 1980 I beleive comes into force after 6 years, and as I have had nothing for at least 10 years, I have nothing to owe.
I would like a response stating the issue closed within 14 days, as per my consumer rights. If i receive nothing, i will consider this issue closed.
This time we received a letter almost immediately, again, threatening bailiffs etc. I checked on the Money Saving Expert forum, and found the template letters. I used one of these and sent the following:
Reference your letter dated 16/09/2011
I have no record of this debt and you have not provided any proof regarding this matter or who the original creditors are.
Please provide me with a copy of the original statement of the account showing
exactly how the amount claimed has been calculated within 28 days of receipt of
If I do not receive such a statement within the specified time and you continue to
contact me about this debt, I will make a formal complaint and will ask you to
investigate this through your complaints procedure, requesting a reply within 28
I will then contact the Financial Ombudsman Service for advice if I am still
The conditions for Statute Barred have been met:
No Creditor has taken court action against me
No Credit or debt payments in the last 6 years (at least 10 years to be exact)
Have no written communication to creditors in the last 6 years acknowledging I have debt.
We had not received anything since, so considered the issue closed.
Now today, she has received a letter from Debt Managers LTD / Arrow. This for the same amount as mentioned above.
As she has seen her report etc, she just wants to ignore this.
I suppose i'm the worrier, should we leave ignore this, as we cannot get anyone to provide proof that his debt is actually hers?
I have been with her for 6 years, a
nd she hasnt had any catalogue or made any payments in this time.
As far as i am aware, anything debt that has not had any payment or acknowledgement of the debt within 6 years,
is Statute Barred and cannot be claimed?
The catalogue is from at least 10 years ago, and was settled with the catalogue itself.
Any advice would be greatly appreciated.