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    • Now I would like to turn to the ombudsman. I understand that you complaint to the ombudsman but I am not aware that you have told us what your complaint was about. Please will you post up here without any comment the letter that you sent to the ombudsman or the copy of the complaint you made the ombudsman. Secondly, please would you post up here without any comment the written decision that you received from the ombudsman. Maybe we can go forward from here.
    • I'm sorry to say but your story still makes very little sense to us. I've run this past the rest of the site team and I'm afraid that they tend to agree. We are going to try and do our best to help you but first of all we really do have to understand the story – and to begin with you should understand very thoroughly that we are no friends of Npower. I'm going to try and summarise what I understand of your case from the Npower letter which you have posted up yesterday. In 2012 you believed that your account was being billed inaccurately. There was a balance of £1498.91 and you consider that this was wrong you contacted Npower in 2013 and they said that the billing was accurate Npower said that the size of the sum owed was due to the fact that you had been making underpayments up until this time eventually you paid £500 so that the balance was £998.91 Npower suggested an instalment plan despite this you continue to pay instalments but at a lower rate than they wanted and no instalment plan was put into place this would mean that your account according to Npower was continuing to fall more seriously into arrears Npower put you into their collections department which means that they started adding charges you then claimed that the electricity metre was faulty Npower undertook to test the meter and Sue Npower's own fault there was a delay and this only occurred in October 2015 according to Npower, that his show that the meter was performing correctly Npower apparently have reversed at least some of the late payment charges which were applied to your account at February 2019, and power say that you owed them £2295.18 p you have pay them £140 so that the outstanding balance at 15 April was £2155.18 p   please will you tell me if you agree with the above summary and if there is anything that you disagree with, please would you very simply tell us which paragraph number you disagree with and why you disagree with it. Please keep it short. No narrative. You're hurting your own chances if you carry on with this extensive narrative. I'm very sorry to say this and I don't want to be hurtful to you.    
    • The earnings for free entitlements only means employment earnings and not the amount of benefits.   So if employment earnings are below the threshold, then send back proof of employment earnings.
    • One more stupid question - If I send the same FOC CQ to HSBC which contains all my bullet points of evidence, does this not give HSBC the 'heads up' regarding how to combat / argue the points I've made? And I send HSBC ALL the evidence too?
    • Hi Correct   I dont know if i am doing this correct by forum rules If not please advise thanks
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Tuscans666

Collection company wanting paid for fees 10 years ago

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Hi, from advice from Rory, I have started a new thread, thanks for the adice.

 

I have received a letter from this collections agency claiming I owe them £488 of fees from when I attended Abertay Uni.

 

Problem is I attended there in 1998/1999 and only stayed there for a year. I was meant to go back to repeat 1st year but after seeing my head of department, never got a start date so never went back and as such, never knew when the course started or if I had a place so never went back.

 

I don't remember having to pay fees but then again it was 10 years ago now so really not sure what to do.

 

Do know I have never had any correspondence from Abertay since before I left.

 

Anyone got any ideas what I should do as I don't even know who to contact at Abertay.

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The onus is always on the creditor to substantiate that any debt exists and that they have a right to request payment. I would send the following letter to the collections agency who have contacted you. Send recorded delivery.

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has substided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

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

 

I look forward to your reply.

 

Yours faithfully

Print Name Do Not Sign.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Excellent Rory, i'll get that sent off tomorrow. This is the first I have heard of this debt ever, never mind in the past 5 years so hopefully this letter will work.

 

Guessing they are just chancing there luck in the hope i'd pay without challenging it.

 

Many thanks for the replies.

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