Friend with OLD Debts help ?

[GroundControl]

Hi I was talking to an old friend and he's asked me to ask for info with his situation.So I'll try to be as full and brief as possible.

In 1999 the CSA came after Peter(my friend)and his new wife for maintenance for his first wife.

He had a mortgage and other debts as he had just renovated his house.

Anyways his wife refused to work to pay for his first wife to sit on social security and so the couple and child ran away to spain leaving all the debts behind them (rightly or wrongly)They then lived there for 5 years until returning to the uk when they returned they were put in temp housing for almost a year before getting their current local authority house. Then last year he recieved a letter from a DRA not sure whom as he threw the letter away, and now he has recieved a letter say that they will accept a reduced payment to clear of the debt.He has no idea if the debt is his and can only assume they have got his name off the electoral role as he has not responded at all.what he wants to know is if he continues to ignore them can they affect his credit ratings (it taken him 3 years to get a credit card with an 45% intrest rate)he has wriiten to experian and had NO bad credit listed against him at his present or last temp address.So basically can they attach an old un proven debt thats probably statute barred to his credit file ? or what should he do ?

dates wise left UK Nov 1999 returned July 2005 on electoral role Oct 2005 and has been since last paid any debts OCT 1999 last letter (unanswerd)June 2008.

I hope I already know the answers but I am asking my fellow GAG mates for clarification

[babybear39]

Debts to the crown never become statute barred. He should make an affordable repayment arrangement.

[stardust_john]

Any lone parent not working on benefits will not receive the payments from the csa directly. They will probably get IS or ChildTCredits and at most get 10.00 of the contribution.

Sorry to say crown debt not statute barred. I can understand a new partner however distressed by the implications of such a debt and how it affects the new relationship, but it is part and parcel of their partner.

Best wishes with sorting it out.

[havinastella]

The OP said "Peter" had other debts as well as the CSA.

 

I would assume all the old credit card, loans etc would be statue barred after 6 years.

 

Jogs

[GroundControl]

thanks for the repies

I have obviously not made myself clear

the debt to the csa has been written of by them as the children have grown up that was only on as a reason to run away(sorry)

The debt is a DRA collecting on behalf of (i believe Tricity finance?)

[havinastella]

Statue barred unless a CCJ was issued.

 

As "Peter" left the Country, the DCA (If a CCJ was issued) may be able to collect on it, BUT they would have to go back to court and ask.

 

Jogs

[GroundControl]

thanks for the reply

the thing is he doesn't know if its his because theve only provided an account # with no details

should he ask for a SAR or a CCA first ?

and if so will that then ruin his credit at his new address ?

also if they did get a CCJ how long does that last idefinately ?

[GroundControl]

Ps Ive told him to find the letter he got last as it may shine a light on what they have re a CCJ or not Tnx

[havinastella]

thanks for the reply

the thing is he doesn't know if its his because theve only provided an account # with no details

should he ask for a S.A.R - (Subject Access Request) or a CCA first ?

and if so will that then ruin his credit at his new address ?

also if they did get a CCJ how long does that last idefinately ?

 

IF, he was to do anything, I would recommend he send the prove it letter. The trouble with this is he has made contact with the DCA and it may escalate from there.

 

The onus of proof is down to the DCA, they have to PROVE he owes the money, I would just file away and wait until they make there next move.

 

I would NOT send a S.A.R as the account may have nothing to do with him, If anything, it would be the prove it letter. Then if they can prove its his account, the statue barred letter ;-)

 

Jogs

[GroundControl]

ok thanks again

as I said he's not trying to avoid any debt if it is his !

he just wanted to know what to do next as he cant remember if the account was his it was 8 years ago !

and he's only just started to rebuild his credit again so didnt want to lose that just for an old debt which if his he will pay if required. anyway I will update when he lets me have the letter thanks again (on Peters behalf)

[rory32]

As havinastells says send the prove it letter first and then if they come up with anything send the statute barred letter. Once a limitation argument has been raised, the burden of proof is on the creditor to prove that the debt isn't statute barred. London Congregation Union Inc v Harriss and Harriss [1988] (1 All ER 15, CA at 13.3). The prove it letter is

Dear Sir/Madam

 

Account no:

 

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

 

 

 

(Your Name) Print do not sign

Send recorded delivery.

[GroundControl]

well an update of sorts

my friend has just recieved a letter from IQOR as follows

debt of £****

To BCW Group Ltd

Mr P *****

DOORSTEP COLLECTION NOTICE yOUR REF **********

REFERENCE FIRST NATIONAL TRICITY FINANCE

We confirm that your outstanding debt due under the above mentioned company has now been placed with IQOR recovery services ltd for immediate collection and settlement.

We intend to arrange a doorstep call by a member of our Home Collection Division to discuss your outstanding account, Alternatively you can respond to this letter and make specific repayment proposals that are acceptable to IQOR Services Ltd.

Alternatively we may well be able to offer you a substantial reduction on your outstanding balance.This offer is however only open for 72 hours from receipt of this letter.

Should your finacial circumstances prevent total settlement of the account your realistic monthly or weekly repayments will recieve our careful concideration

yours faithfully SM

 

not bad for a debt he didnt even know he had

He's now waiting for them to turn up (he's an ex squadie)

I've told him its probably just a blah blah letter !!

But what he has noticed is the company name !! its tha same DCA that came after him for the CSA (that was all cleared away) but he thinks thats how they got his details ?? he still dosnt recocognise the debt though so he's going to wait and see what happens.

[tanglewood01]

IF, he was to do anything, I would recommend he send the prove it letter. The trouble with this is he has made contact with the DCA and it may escalate from there.

 

The onus of proof is down to the DCA, they have to PROVE he owes the money, I would just file away and wait until they make there next move.

 

I would NOT send a S.A.R as the account may have nothing to do with him, If anything, it would be the prove it letter. Then if they can prove its his account, the statue barred letter ;-)

 

Jogs

 

One of the people I work with was sent a letter from MBNA for a debt she couldn't recall having. I sent them a prove it letter over a year ago and have heard nothing from them since so it worked for her.

[babybear39]

GC get your friend to send these 2 letters. The first is a 'prove it' letter and second is a doorstep bog-off 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

 

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

 

Amend to suit, send recorded, DO NOT SIGN, print name and keep copies of everything.

 

Good luck.

[GroundControl]

yes thanks for the comments have passed on the info and letters to him but he says hes going to wait for their next move as they have only said their considering a doorstep visit. he thinks he may be able to find out where they got his info from if they turn up ? perhaps they may show him some paperwork ? anyway I gave him the letters we will see the result !!tnx

[GroundControl]

Well I have spoken to my mate Pete again and he has has not been contacted by the DCA

He tells me however he has been contacted 3 times by (ex directory phone) by companies offering to reclaim bank / loan charges on his behalf. this in the last ten years when he has no debts !! and when he tells them this they say our records say you do !! then when he insists he has not they hang up !!

Is this a ploy to get further info from him re his past ?

[Guest forgottenone]

Don't take this the wrong way, but why do you keep naming your friend?

[GroundControl]

I hope you dont take this the wrong way as I have noticed you only joined the same time as me (may 2008) and yet have become a gold member is perhaps because you seem to only post 1 line answers all the time to the post you respond to !!

If I choose to name a FRIEND or use my name is not relavent the question still requires an answer

but of course your post gives you 1 more post point!!!!!!

pfffft

[tanglewood01]

1 line 4 points is bad;)Does it matter if 'Peter' is mentioned. Stick 2 the point

 

I hope you dont take this the wrong way as I have noticed you only joined the same time as me (may 2008) and yet have become a gold member is perhaps because you seem to only post 1 line answers all the time to the post you respond to !!

If I choose to name a FRIEND or use my name is not relavent the question still requires an answer

but of course your post gives you 1 more post point!!!!!!

pfffft

[pmhcfc]

Sounds like any debt that may be owed is statute barred to me - unless of course there was a CCJ issued.

[GroundControl]

Ok I'll try it this way to appease the PC people

1)has anyone heard of a DCA posing as a company to get your bank charges / loan charges reduced or removed ?

2)if they did that to get any old debt info could they use it ?

3)is that legal to do ?

4)what if any laws / statutes are they breaking ?