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Hi everyone... Just looking for more advice after posting my letter recorded delivery last week l received this letter on Saturday morning .It was addressed to 'The Occcupier ' and this is what it says, Express Delivery , Urgent Please contact the undersigned immediately on Tel No xxxxx Quoting Ref No.. xxxxxxx . The undersigned was someone called Julie Edwards.What will l do l'm at my wits end with worry. Thanks again for all your support and advice

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Don't respond.

It's not addressed to you so why respond, I'd suspect that ruthbridge have passed it on to someone else.

CAn you post the phone number up.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I take it you live in Scotland....if so it is slightly different in Scottish Law...(send the letter below by recorded)

 

reproducing courtesy of Rory32

 

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 subsisted 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

Mr A N Other

 

Hi There after posting the above letter recored delivery l received another letter addressed to the occupier , this is what it reads .Express Delivery, Urgent Please contact the undersigned immediately on Tel No xxx Quoting Ref No xxxxx. The undersigned name is a Julie Edwards . What would you do ,l'm at my wits end . Thanks to everyone for all there support and advice .

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Don't respond.

It's not addressed to you so why respond, I'd suspect that ruthbridge have passed it on to someone else.

CAn you post the phone number up.

 

fox

 

lm not very good with computers l seem to be asking the same question twice over l apologise for this :( The Tel No is 02087343569

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Hi again,

Just done a search and it's ruthbridge again. File under ignore. Don't know why they're doing it as they know where you live.

The card is from "express Deliveries".

 

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi again,

Just done a search and it's ruthbridge again. File under ignore. Don't know why they're doing it as they know where you live.

The card is from "express Deliveries".

 

 

fox

 

Hi l thought it was strange myself addressing it to the occupier dont understand it .. Thanks again l will stay in touch .

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HI Looking for some more advice please ....My past is catching up with me BIG TIME ,everything was fine until a few weeks ago am confused as to how these companies no your adress espeacially as l have remarried and have stayed at numerous addressess since i was with my ex...A letter came in from a company called AKTIV KAPITAL saying l owe £683.18 l can honestly say l have not got a clue as to what this is for , and as it must of been well over ten years ago when l was with my ex , we went through a messy divorce and at the time l remember he rufused to pay anything that was in my name only .After l divorced l was responsible for the up bringing of my then three small kids and as you will know thats not a cheap thing to do.You can imagine the shock l got when i received this letter , so now l have Ruthbridge and Aktiv chasing me .Please can you advise me .Thanks again for your continued support and advice

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Hi Wec

 

Any chance that you subscribed the a free credit check service in the past weeks??

 

These 'free services' have a nasty habit of kicking up old debts and triggering the real low dog butt debt collectors to go hunting for payment.

 

In order of what i have summarised from you thread so far...

 

Your statute barred letter will be with Ruthbridge right now, and they'll be choking on that

 

As per the Express Delivery. You DO NOT contact them on the number. IGNORE it. Keep it in your file, but do nothing else with it.

 

As per Aktiv Capital. If you know nothing of it, and you presuume that if you did know anything of it, then it would be >10 years old, then that is the position we will take. If a company contacts you concerning an alleged debt, it is up to them to prove you owe the debt, and NOT FOR YOU TO PROVE THAT YOU DO NOT.

 

Can you drop a copy of the letter from Aktiv on here, or at the very least copy its words up onto a new post in this thread. Well get you a response drafted that will send them on their way.

 

 

Thanks, Vex

If my advice or input has helped, by all means tip my scales

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Hi Wec

 

Any chance that you subscribed the a free credit check service in the past weeks??

 

These 'free services' have a nasty habit of kicking up old debts and triggering the real low dog butt debt collectors to go hunting for payment.

 

In order of what i have summarised from you thread so far...

 

Your statute barred letter will be with Ruthbridge right now, and they'll be choking on that

 

As per the Express Delivery. You DO NOT contact them on the number. IGNORE it. Keep it in your file, but do nothing else with it.

 

As per Aktiv Capital. If you know nothing of it, and you presuume that if you did know anything of it, then it would be >10 years old, then that is the position we will take. If a company contacts you concerning an alleged debt, it is up to them to prove you owe the debt, and NOT FOR YOU TO PROVE THAT YOU DO NOT.

 

Can you drop a copy of the letter from Aktiv on here, or at the very least copy its words up onto a new post in this thread. Well get you a response drafted that will send them on their way.

 

 

Thanks, Vex

 

Hi VexThanks for the quick reply.I have never done a credit report on myself , bit confusing would you agree.I havent a scanner so l will do my best at copying the letter (typing was never my best thing )Dear xxxxxxRE: Agreement NO xxxxxxxxxxxxxxOutstanding Balance £683.18Your Account was legally assigned/sold to this group of companies.We have written to you on previous occasions (they havn't) but this account remains outstanding.However, by processing your account through available public databases it has been confirmed that ( my old name) is living at the address shown on this letter.It is imperative that you contact us immediately to discuss repayment of the account. Our telephone number is clearly shown at the top of this letter, as are our opening hours.If you believe that you are not our customer, and have no connection with the above referenced account, please contact us as soon as possible so we can amend our records.Yous FaithfullyAktiv Kapital

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Aktiv Capital

XXXXXXX

XXXXXXX

X XXXX (keep using your maiden name here if you wish)

xx xxxxx

xxxxxx

xxxxx

 

Your reference: XXXXXX

 

 

Dear XXXXXXXX

 

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

 

I would point out that I have no knowledge of any such debt being owed to (insert company name).

 

I am 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 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 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.

 

I 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 look forward to your reply.

 

Yours Faithfully

 

 

xxxxxxxxx

 

 

This letter sent with royal mail proof of postage

 

 

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

 

 

DO NOT SIGN Use a digital signature instead

 

Here is the link to creating a digital signature

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html

 

Now there are many different versions of a letter like this kicking around on this site. All work. They work essentially because the DCA ignores (or pretends to ignore, or pretends that letter never got there) the first one or two letters that you send to them when denying a debt. BUT you must still send them:) They get the message soon enough.

 

All the best, Vex

If my advice or input has helped, by all means tip my scales

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BTW. Make sure that you send with a certificate of postage as a MINIMUM. You get these at post offices.

 

You could of course send recorded as well if you wish, but this costs more, and the fact that you have a certificate means that it is as good as delivered.

 

Good Luck

If my advice or input has helped, by all means tip my scales

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BTW. Make sure that you send with a certificate of postage as a MINIMUM. You get these at post offices.

 

You could of course send recorded as well if you wish, but this costs more, and the fact that you have a certificate means that it is as good as delivered.

 

Good Luck

 

Thanks a million VexI am going to write this letter straight away Will stay in touch

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Sorry Vex l meant to ask whats the difference of signing and using a digital signature

 

Sure

 

It has been suspected that some unscrupulous lenders and Debt Collection Agencies copy handwritten signatures to reconstruct agreements.

 

This process avoids that possibility.:smile:

 

Vex

If my advice or input has helped, by all means tip my scales

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Sure

 

It has been suspected that some unscrupulous lenders and Debt Collection Agencies copy handwritten signatures to reconstruct agreements.

 

This process avoids that possibility.:smile:

 

Vex

 

Thanks Vex , l would of never of thought such a thing.They would do anything l suppose :)

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  • 5 weeks later...

Kentguy,

 

Have you already went down the road of requesting a copy of the consumer credit agreement? How old is the debt, when was last the last payment you made and do you have any correspondence from them? You can request that they stop harassing you by phone and all communication must be in writing. NEVER NEVER agree to anything over the telephone and if they call politely tell them to go away and send it in writing.

 

The more information you can post the better the advice you will get, don't panic this site is full of good people who will help you through this.

 

You may be best to start your own thread.

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The last time I paid was in 2003/4 and they have supposedly be trying to contact me at my old address but my ex girlfriend lives there and have asked her if anything arrived for me and she said no. Then out of the blue I get a call at work from this guy saying if I didnt settle the debt they would start bankruptcy proceedings against me.

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