Questions from : Have you received threatening demands for debts older than 6 years?

[The GodMother]

you need to advise them it is after the 6 year rule and that you will not pay them.

[Robot12]

Hi, i'm not really sure if you can help, but i'm going to give it ago anyway. We have recvieved a letter today (5th Dec) stating that my husband owes just over £2000. He has never taken out a loan apart from a mortage. We rang the place he apparantly owes this money to and they said it was a credit card taken out in 1992 at his old address. We have been living at our address for just over 5 years and have never recieved statements or any other letters regarding this matter. He was living with someone who was quite bitter that he was moving out to live with me. We've contacted the police who have gave me this website and told me there is a template I should copy and send to the company. Well I can't actually find it so would you be able to reply with it. Please help!!

[The GodMother]

Nice one the police

i will find u the template.

[The GodMother]

Personally i would send them a prove it letter.

 

They have to prove details of there claim to you that means when the account was open.

 

 

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

Ammend to suit your needs but NEVER sign the letter and NEVER call the company ALWAYS send buy at least recorded delivery.

[clemma]

Aktiv Kapital are trying to chase a debt from 1997. No payments or acknowledgment from me since 1999. I have sent the statute barred letter. Silly, silly Aktiv Kapital

 

Although, if it wasn't for this forum, I would have panicked and paid them - so three cheers for CAG.

[bownesslass]

Hello andHelp!!

Please bear with me this is my first post on these forums. Within the last two weeks I have recieved a letter from a company named Advantis Credit demanding payment of the sum of £487.50.They say they are acting for Phoenix Recoveries Ltd, Sarl who in turn are in tandem with SDFS(Littlewoods).I have no idea where this has come from,but am informed that this dates from 1996/8. We are both Pensioners and have now had our Christmas ruined.Just today,we had a phone call from Advantis on this matter.I have asked for details of this so called"debt"but have come up against a wall.

Please!! some guidance or advice, can you help?What rights (if any) do we have:evil:

[clemma]

If you have not made any payments, or acknowledged this debt in writing, within the last 6 years then it is statute barred. Send the letter:

 

Dear Sir/Madam

 

Acc/Ref No

 

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

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We 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 payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further 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”.

 

We 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.

 

We look forward to your reply.

 

Yours faithfully

 

Adapt to suit. DO NOT sign the letter, just print. Also, DO NOT speak to them on the telephone. Put everything to them in writing.

[clemma]

If you have no idea where this debt is from, send the following letter, instead of the statute barred one:

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

You need to send a £1 postal order with this letter (do not send a cheque).

 

Which letter you send depends on your circumstances. If you know nothing of the debt, send the above letter. If you know of the alleged debt send the statute barred. Whichever letter you send, put in capitals, at the beginning of the letter I DO NOT ACKNOWLEDGE THIS DEBT.

 

Remember, do not talk to these people on the phone. DCA's are bullies, and are trained to use tactics to make you pay the "debt". If they phone again, just refuse security questions or hang up.

[bownesslass]

clemma!!

Many thanks,friend!.I fully intend to set this in motion immediately,feel much better already.Will inform forum of developments,

Happy Christmas to all.

[clemma]

clemma!!

Many thanks,friend!.I fully intend to set this in motion immediately,feel much better already.Will inform forum of developments,

Happy Christmas to all.

 

Your welcome. Hope your Christmas is now happier without this hanging over you.

[The GodMother]

you don need to send a cca if your saying its SB.

[bownesslass]

you don need to send a cca if your saying its SB.

 

Many thanks Godmother!! Have sent the advised letter by Clemma,so will now await developments.

Regards to all...........de 73s

[tickoff]

recieved a letter tody from a company saying i owed 1200 pounds to a credit card company, i have never had a credit card with this company, indeed it is only this year i begrudgingly had one, they say it was from 1999, but t that time i know it wasnt me, as i was working in Germany at the time, the women on the end of the phone, started to ask me personal information, which i did not give, i dont give out that sort of information over the phone or online, it seemed they had very little information,can someone tell me what to do, in case they come back to me with this,

many thanks for your help

[The GodMother]

yep u need to open your own thread so it does not get mixed up within this one.

 

Then u need to repeatdly say

 

Everything in writing please

 

Sometimes u may want to drop the please and use attitude.

[bownesslass]

clemma!!

Many thanks,friend!.I fully intend to set this in motion immediately,feel much better already.Will inform forum of developments,

Happy Christmas to all.

 

Hello! Further update of progress(or lack of)from Advantis credit. Having posted off Statute Barred letter on 19/12/08,I this morning 9/1/09,recieved their reply.

"Thank you for blah blah blah"we have been unable to contact you by telephone and ask you to contact us on Advantis Priority Line to arrange a Payment plan(Yeah Right).Also provide us with an current contact number so we can contact you when necessary.

If we do not hear from you within 14 days of the date of this letter we may commence legal action against you.

 

Yours blah blah blah Advantis Credit Ltd.

-------------------------------------------------------------

 

It seems that they have completely ignored the contents of the Statute Barred letter,and the last paragraph of their reply surely is a continuation of their threats.

 

I will now report this to the relevent authorities. To do this who do I contact?

Needless to say I will not be contacting them on any of their reply.

Does anyone think I should send the second template letter asking for for a CCA,at this stage,and if so would it be an acknowledgement of the alleged debt.

 

Regards.....

[The GodMother]

i would inform OFT AND YOUR LOCAL TRADING STANDARDS.

[bownesslass]

i would inform OFT AND YOUR LOCAL TRADING STANDARDS.

 

Ok G M!! Will do.

Contacted the financial Ombudsman,who E,mailed me back suggesting that I should give advantis a chance to investigate my complaint in house,in the first instance,through their complaints procedure. Bit of a waste of effort in my view.

Have you a link for the OFT.No problem for my local branch.

 

Many thanks...............de 73s.

[tracyfisher]

I believe that this depends upon the debt that they are chasing. me and my husband are being pursed for a debt dating back to 2000 in relation to a repossession of a house that he had with a previous girlfriend.

They are chaing and have been chasing the shortfall £10K for the building society. They are attemtoing to put a charge on my house which I now share with him but the debt is not mine. had lots of threats the recent one being they MAY force the sale of the property once the charge is on!!! what a joke, they cant its mine and I am nothing to do with the debt. But the solicitors advised me that they had 12 years to chase this debt hence the order as they are unning out of time.

 

Tracy

[borolad63]

Hi Can somone advise please. I received from EDF a bill for electricity for £602.90 out of the blue when I thought I was with NPower. I wrote several times to EDF, but EDF totalling disregarded my lettters, and finally a solictor letter arrived demanding payment. I reported this to Consumer Direct who contacted EDF.

I received an email from EDF stating the debt was built up from 2001 to 2003. At this point my meter was changed to prepayment meter and the debt was to be loaded at £8pw but the debt was never ever loaded from the meter.

I emailed back asking for EDF asking who was supplier before EDF?

Which supplier changed my meter?

How was I informed of the debt at the time of the new meter?

Who was supposed to load the meter at £8pw?

Who was my previous supplier?

EDF state they were not informed by who that the debt was not being taken from the meter yet EDF are saying they were my supplier

EDF state that on July 08 I changed my supplier from who? and I need sight of the paperwork confirming it.

I received an email back from EDF stating that EDF suppied me with electricity from Oct. 01 to July 08. During the period of Oct 01 to Nov 03 a debt of £602.90 was built up and by fitting a prepayment meter and loading it ar £8pe they would collect at £8pw. But the meter was never loaded they state and therefore the debt ws never sent to the key. They say that if I had contacted them direct they would have noticed the debt and load the key.

EDF have sent me a new key but I have refused to use it and still use my old original key. When I top up my electric key it says Quantum System not EDF energy.

 

Does the stature of limitation act come into this?

[phunkymonkey]

deleted

Edited January 30, 2009 by phunkymonkey
posted in seperate thread

[The GodMother]

yes it will do

[DrHypnosis]

Why do you advise not to sign the letters??

Brian

[maroondevo52]

Hello and Welcome, Brian.

 

It has been known for some signatures to be 'lifted' and replaced somewhere else (Allegedly)

 

 

Regards.

 

Scott.

[Richard Spud]

EXCELLENT WORK BY THE OFT AGAINST A DCA

See the latest action published on 21st April 2009 and valuable OFT opinions to cite to other DCAs and the County Courts.

http://www.oft.gov.uk:80/news/press/2009/44-09

“Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged for six years. A statute barred debt cannot be legally recovered. Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in our Debt Collection Guidance”

Quote from the OFT MACKENZIE HALL PDF document:

“REQUIREMENTS IMPOSED BY THE OFT REQUIREMENTS RELATING TO:

MACKENZIE HALL LIMITED

A debt is considered as in dispute where:

A request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court”

I suggest that the above reference to ss.77 and 78 of the CCA 1974 is a very strong endorsement of the rights of consumers to be provided with true copies of Regulated agreements.

HTH

Regards – Richard.

[BelstarBomb]

Hi Richard,I think that it might!Do you think that this will help in having the OC's who have placed defaults on the account internally and with CRA's to have them removed?I haven't had time to read the PDF in full but are Mackenzie Hall looking to appeal or do they not have that right?Thanks a bunch,BB