Alleged debt after 14 years

[birdie7015]

Well I have thought about this over the weekend. I have decided to wait until they contact me again when I will probably send a letter as you have suggested. I did consider telling them that I have never borrowed any money from anyone in the last 14 years or indeed made any payments and build this into the statutary letter but in the event that the alleged debt is one that I overlooked then this is going to confirm that the debt is mine. Probably better that I don't.

 

Well the last letter I had from them was on 1st October which I totally ignored since I have asked them three times to provide me with the information relating to this alleged debt. It is nearly a month since they last wrote to me but I suspect that they will eventually try again to get me to telephone them. With a bit of luck they will just forget me or would that be wishful thinking on my part?

[tiglet]

You never know with DCA's - they may forget about it, pass it to another DCA or continue to pursue you - who knows?

[The GodMother]

the thing is they will try and get u to phone them if they reply to your letters it will say phone us on.

 

If they are desperate to communicate with you then they would have wrote to you by now. I would assume that this was a fishing trip.

 

Good luck.

[birdie7015]

the thing is they will try and get u to phone them if they reply to your letters it will say phone us on.

 

If they are desperate to communicate with you then they would have wrote to you by now. I would assume that this was a fishing trip.

 

Good luck.

 

Well this was the last reply on my problem with Thames Credit. I have not heard from them since the 1st October last year.

 

I have however, had a letter from another credit collection agency today. This time from PastDue Credit Solutions. This one is based near Glasgow. God, I haven't got to go through this all over again have I?

 

At least with Thames Credit they did have a freephone number but this lot expect me to phone them using an 0870 code. They must be joking. I wouldn't ring them anyway as I would want everything said in writing. Well this is what they said:

 

Dear,

Case Number 818001

 

I would be grateful if you could contact me on 0871............. regarding an important matter.

 

The office hours are 9am to 7pm Monday to Thursday, 9a, to 6pm on Friday and 9am to 1pm on Saturday.

 

You assistance is appreciated.

 

Again as usual they have not provided any details of an alleged loan. The case number isn't the same as with the Thames one so this is just their own case number and not an agreement number.

 

I think I should just ignore this letter in the first instance but if I receive another I really could do without having to write all these letters yet again . The last time I insisted on them sending me details of the alleged load or a copy of the agreement but of course they never did. In the end I just heard no more. These people should be made to provide the details by law when writing to people.

 

Just to save everyone having to read all my messages, I was in Germany for nine years but returned to the UK almost 6 years ago. I have never borrowed any money for over 15 years so if there was a loan that was overlooked it would be statutary barred. If there was a CCJ on it, I am sure they wouldn't mess about and would be hitting with that fact.

[cerberusalert]

Just send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred& if the continue to pursue make a complaint to trading Standards via consumer direct Consumer Direct - Contact us & the OFT [email protected]

[steven4064]

I haven't got to go through this all over again have I?

Probably. The other option is just to completly ignore them until they take you to court and then use s5 Limitations Act 1980 as your defence and ask for a strike out under CPR 3.4(2)(a) on the basis that they haven't disclosed reasonable grounds for bringing the claim as it is statute barred

[birdie7015]

Just send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred& if the continue to pursue make a complaint to trading Standards via consumer direct Consumer Direct - Contact us & the OFT [email protected]

 

Thanks for that. I didn't get as far as that with Thames Credit as I thought it better that I get the details from them or the original agreement. They were unable to supply it and in facted stated that they didn't have the details of the agreement. Had they supplied the details, I would of course have sent them your suggested letter.

[birdie7015]

Probably. The other option is just to completly ignore them until they take you to court and then use s5 Limitations Act 1980 as your defence and ask for a strike out under CPR 3.4(2)(a) on the basis that they haven't disclosed reasonable grounds for bringing the claim as it is statute barred

 

Yep!!! I think that is the best thing to do initially. I guess the reason that I had might have had so much letter writing to do with Thames |Credit was because of my refusal to telephone them and because I insisted in having the the details. Maybe it would be quicker if I immediately hit them with the statute barred letter right in the beginning.

[Guest Alison82]

I thought if you started corresponding with a DCA gain past the 6 years then the time starts ticking again, so by you sending a letter, that debt is back in year one?

 

Maybe it would have been left to just ignore it as they couldn't have done anything about the debt as it was 14 years old, now they can as it has been 'resumed' in September

[steven4064]

Once a debt is statute barred, it doesn't become un-statute barred whatever you do

[The GodMother]

Now where have i heard that name B$ Oh yes i have recently been dealing withthem for my OH re a in dispute VM account.

 

I have now wrote to them 3 times asking to prove the debt and they have ignored me. I will link the thread here. They have refused to deal with anything in writing saying they only do things by telephone which i have pointed out is against the oft guidelines on debt collection. They have claimed by letter they fulfil theseguidelines but they go on to say will will only deal with this matter over the phone.

 

Have not heard from them since i sent a 3rd prove it letter with a copy of the letter i sent the OFT.

 

God knows if they are still acting on behalf of VM and i am not going to wast another £1.40 for them to ignore me.

 

They are based in blair court clydebank which has another DCA there but cant remember who. .

[The GodMother]

birdie i have PMd u re there phone number.

[birdie7015]

birdie i have PMd u re there phone number.

 

Thanks for that and I have answered you in a PM

[The GodMother]

an replied.

 

Personally i think it is ur call over what u do. Ignoring them is a good option but then if u want to u can send them a bog off statue barred letter.

 

Or even ignore wait till court papers if they get issued then hit them in the defense with Statue Barred.

[birdie7015]

Well I have decided to wait until I get the next letter. It depends on how it is worded but I will share the contents of it with everyone before I finally decided the next step.

[birdie7015]

Well I have decided to wait until I get the next letter. It depends on how it is worded but I will share the contents of it with everyone before I finally decided the next step.

 

I have today received their second letter as follows:

 

FORMAL DEMAND

 

Pursuer: TT1 SPC for SP1

Principle Sum £282.65

 

We have received instructions from TT1 SPC for SP1 in this regard and confirm that this firm is instructed to recover the outstanding debt as detailed below.

 

Payment of the balance is required to be received No later than 1st September 2009.

Payment is accepted by debit/credit card or by cheque/postal order direct to this office.

 

Should there be any matter that you would like to bring to our attention or should you require to discuss your financial circumstances in relation to the debt then call us on 0844 XXXXXXXX. Our advisors are here to deal with your case between the hours of bla bla.

 

I have no idea who TT1 SPC for SP1 is. Neither I am aware of any loan to the value of less than three hundred pounds unless it was a forgotten loan when I moved. Like I have said previously I have had no contact with any finance house for over 14 years so it is going to be statury barred.

 

My idea in the first instance is to write to them complaining that they have not told me who the original creditor is and that before I can coment further they need to send me the original loan agreement so that I can know who it is that I owe the money to. TT1 SPC for SP1 means nothing to me unless someone on here has that information.

[birdie7015]

I guess most people are away as it is bank holiday weekend. Maybe I'll get some replies on Tuesday.

[cerberusalert]

Send them the 'Prove it' letter; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[WelshMam2009]

Is it possible that they obtained a CCJ for this debt in your absence??

 

In addition to the above recommendations, you really have to start complaining to the relevant bodies ( OFT, Trading Standards) about these companies.

[birdie7015]

Is it possible that they obtained a CCJ for this debt in your absence??

 

In addition to the above recommendations, you really have to start complaining to the relevant bodies ( OFT, Trading Standards) about these companies.

 

I would have thought if they had obtained a CCJ they would be telling me that and would be quoting the roll number. Don't forget that I have had no dealings with any finance company for over 14 years. Well this is the letter I am going to send which has been slightly adapted from the standard letter:

 

Dear Sir/Madam

Case Number:

Client Ref:

 

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

I would point out that I have no knowledge of any such debt being owed to (TT1 SPC for SP1). I have no idea who the creditor is. Please do not send me vague letters like this. Please when writing to me supply the full name and address of the creditor. As far as I am concerned you have not given me any information that would confirm to me that I do in fact owe this alleged sum of money. Please if you wish to pursue this with me I will require a copy of the original agreement including my signature.

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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 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. AND 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 would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. In any event as previously stated I require a copy of the original agreement including signature as well as the full name and address of the creditor.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

Edited August 30, 2009 by birdie7015

[cerberusalert]

If those are the correct case/client no's & your real name you should edit them out of post #70.

[birdie7015]

If those are the correct case/client no's & your real name you should edit them out of post #70.

 

I have done that. I forgot it was a cut and paste from my letter.

[cerberusalert]

You've still left you name in the signature.

[birdie7015]

You've still left you name in the signature.

 

 

OK.

[charlie*]

Good day GODLY HOUND DOG...

 

I trust you are well and still in Seine?

 

Seems to me the DCA's are hell bent on on having our friend Birdie telephone them.... free phone too.... could this be because they want to place him in contract?

 

Tip.... you are taken to court, court clerk asks you to confirm your name.... if you confirm your name you are in contract and under the jurisdition of the court..

 

Your answer might be.... Sir - Madam, Your Honour, m'lud... if I tell you my name will I enter into contract with you?

 

This will upset the whole procedure for if you do not confirm your name you do not enter the jurisdiction of the court and you may well be physically ejected from the court.

Of course, you have to be pretty brave to do this, but, it is being used as more and more people, through the internet come to realise that the law is not what it seems - indeed, very little is what it seems to be.

Do you know there are certain court papers that you would use when being taken to court that , if filled in slightly differently to the way they expect, will opt-out of their jurisdiction - yet another chance of winning.

Again, it's a brave fella who tries, so it needs some study first to understand the subject.... whose law do you live by, their law, or our law? Our law, Common Law, has been around a lot longer than theirs which keeps changing with greater regularity than ever before since this bunch of mentally deranged half wits took over in 1997.

 

There are people, just ordinary people out there who are busy finding out, many of them are far smarter than the lawyers, bankers and debt collectors.

 

Knowledge is power, "seek and ye shall find" .... on the internet.

 

Charlie*

Edited August 31, 2009 by charlie*