Just received a letter from a debt colelction agency....

[paul738]

Just received a letter from a debt colelction agency saying that they have been instructed by their client to recover an overdue account and that i have already been furnished with the full details of their clients claim.

I have received no such details and do not recognise the name of the claimant.

on further investigation it looks like the company is a mobile phone airtime provider.

now, i havent had a contract phone for 5/6 years as mine is now done through the company, the last one i had was directly through vodafone and i can only think that this debt may be due to a previous mobile i had which wouldve been about ten years ago.

the letters says i must pay the debt to them within 7 days or they may start legals proceedings.

ive checked online and it looks like the time limit for recovery of this debt may have elapsed.

does anyone have any experience or advice with this please? should i merely ignore the letter? should i contact the debt collection agency and tell them i have no idea what this is in regards to and ask them to provide further information? is this letter just a last resort and the legal threat merely scare tactics in the hope i will panic and pay???

 

any help/advice very much appreciated!

 

Paul.

[42man]

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).

 

Also it may be the case that this alleged debt is barred by the statute of limitations act (can you please confirm this)

 

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.

 

Yours faithfully

 

**Edit to suit **and don't forget, print your name, don't sign it. Send it recorded.

 

Regards.

[paul738]

42man

 

thank you very much, my apologies if this has already been covered elsewhere but your help is gratefully appreciated.

[paul738]

This is my final draft usuing your advice and part of the letter templaye M, what do you think?

 

 

Dear Sir/Madam

 

Ref No: ******

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to ************* and further more I have not received full details of this alleged debt as you claim in your letter.

 

Also it may be the case that this alleged debt is barred by the statute of limitations act (can you please confirm this). I 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.”

 

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”.

 

Unless you can provide evidence of payment or written contact from myself 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 me 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”.

 

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,

[42man]

Spot on Paul...!! - keep us posted...

[paul738]

Will do, thanks once again.

[ODC]

Would the DCA be Lowells by any chance

[paul738]

No, Connaught.

[mr.ton]

Unless they go through the court process, they have no way whatsoever of collecting any alledged monies oweing unless its by dodgy or illegal tactics.

So if you are short of loo paper - feel free to put their letter to appropriate use

[paul738]

It has been well over a month now and I have received no further correspondance from Connaught, so I'm guessing my letter did the trick and they have realised they can't panic me into settling a debt that is unenforceable due to the limitations act.

 

Thanks for the advice guys, much appreciated.