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Debt collectors help!


littlerobot
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I'm new here found the site on google, been reading up on threads and need some advice.

 

A few years ago i took on debts in my name, didnt pay due to changes in financial situation and moved home. The threatening letters started coming and i ignored them due to the usual tactics and not being able to come to any mutual arrangement.

 

I then started getting the phone calls trying to back me down threatening court and bailiffs action.

 

CAB advised arranging a payment plan which only 3 DCA agreed to, they dont have my current name as I have married in this time and the address they have is an old address. I have just been sending them £1 a month as agreed. The others are probably still trying to track me down in my maiden name.

 

Companys being the regular offenders on this forum, Kaptiv, Lowell, Link etc.

 

So what do I do now, apart from the 3 I paid money to most have had no acknowledgement from me for about 4 years, my OH wants me to sort out my finances but seeing the posts here I wonder how many of these debts are actually enforceable now?

 

Would I be stitching myself up contacting them now or should I just wait and if any do catch up start issuing them with these letters people from here have been sending asking for the agreement and see what happens from there.

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IMO they'll find you eventually through the Voting register or some such device monitored by CRAs

 

For now, with the 3 you are paying find out if the agreements are enforceable by sending them a CCA request

 

Creditors and DCAs - Letter Templates & Budget Planner Letter N is the one you want, but be sure to put across the top:

'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY'

The statutory fee is one pound. It's best to send a postal order rather than a cheque. Don't sign your letter with your usual signature.

Two essential things to remember:

DON'T SPEAK TO THEM ON THE PHONE and YOU ARE ACTING WITHIN YOUR RIGHTS.

They have no legal recourse if you follow the rules.

With the others just wait till they find you - you never know if it takes them over 6yrs the account becomes defuct and can't be enforced as the law (Limitations Act 1980) only gives lenders 12 years to chase 'specialty debts' (like mortgages) and 6 years to chase all other debts (called simple debts or 'contract debts')

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Thanks conar686 the only problem is they still mail me at my old address, the occupant there is sending all my mail back as not known at this address.

 

The CAB forwards me any contact they receive its been over 1 year and i havent heard from any of the ones i made offers to.

 

I cant write to the ones I pay without an address for them to reply to, you are right though as some of them are nearly or more than 6 years old.

 

As for not speaking to them on the phone, one company had to be asked to leave me alone as they were calling my workplace and harrassing me.

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Thanks conar686 the only problem is they still mail me at my old address, the occupant there is sending all my mail back as not known at this address.

 

They'll find you eventually through the voting register.

 

The CAB forwards me any contact they receive its been over 1 year and i havent heard from any of the ones i made offers to.

 

Keep on doing this

 

I cant write to the ones I pay without an address for them to reply to, you are right though as some of them are nearly or more than 6 years old.

 

6Yrs is the magic figure - you still need to keep track of all the others until you are sure the time has elapsed. In the mean time send anyone who finds you CurlyBens letter.

 

As for not speaking to them on the phone, one company had to be asked to leave me alone as they were calling my workplace and harrassing me.

 

There is a letter on the linked page that'll make them stop that

 

CurlyBens who are you letter

 

Dear Sir/Madam

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we 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 OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Rgds

 

MAC

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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