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CCS? Debit collection on a 9 year old debt!!


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Hi,

 

I'm new to this site and joined as I need some advice..sorry but this may be a long one...:(

 

Many years ago I got into finacial problems and ended up owing debt. I concentrated on paying the ones that were important and due to moving around I lost all of my paperwork for the other debts.

 

Out of the blue and 9 YEARS LATER a company phoned my home number via text (listed as ex-directory with the agreement with BT NOT to give out to anyone!) asking me to call a number quoting a ref number. When I asked what it was about, I had to confirm my address etc.

 

The company CCS then informed me that they were chasing an VERY OLD debt. He did not have any other info other than to say it was from Yorkshire Bank (now something else).

 

I denied that this was my debt as he stated that it was from a loan. I do know that any loan I had from this bank was paid off (told him this) and after thinking about it, can only assume that it was from an overdraft that I once had. I have not admitted this debt, nor do I intend to do so as I am aware of the 6 years limit and the Limitations Act. They have just phoned tonight just before I got in from work & my partner answered asking them to call back, they did try to give my partner a mobile number for me to ring them!!!

 

My question(s) are;

 

1) What do I do if they phone again?

 

2) Where exactly do I stand with this debt?

 

3) How do I get them to stop calling me?

 

4) How did they get my home number?

 

Sorry it's long winded, but I've only just finished paying a large debt from the same period. I need some advice please as this is starting to get me down.....:(

 

Thanks,

artwork_750.x

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If they phone again tell them to berger off and put the phone down.

 

Have they contacted you in writing regarding this alleged debt?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Artwork, nothing to be confused about.

 

You owe them nothing, they are chancing their arm they you may be stupid enough to pay them.

 

If they ring back, acknowledge the debt, then laugh at them as it's stat barred. They can do NOTHING.

 

Jogs

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Hi,

I've just received this morning from CCS the following letter re; 9 year old debt...

 

Dear **** ****

"We are retained t o collect from you £197.92 by MERIT YB

 

Take notice therefore that, if settlement of the above sum is not received in this office by NOON on Saturday 17th January 2009, our clients have the option to prepare documents for the issue of proceedings.We have no doubt that costs will be in favour of our clients, thus increasing subsatntially the amount you must pay.

 

 

We should also caution you that unsatisfied Court Judgements are listed by the Credit Reference Bureaux. In the event of a judgement against you. This would undoubtedly create serious problems for you when making future applications for credit, including mortages, cars, furniture and clothing.

 

Payment in FULL will ensure that our Clients will take no further action. Use the form below, to pay at a bank or post office. For other means of payment, see the reverse of this letter.

 

To make a credit payment, or discuss your payment options if you are having any trouble making payment, please call us now on the number below."

 

 

 

What does this letter mean? Have I got a CCJ against me, or am I right in thinking that this will no longer be on file. I have not admitted this debt...which letter do I send? They have not sent any other info that I asked for....advice please :-(

 

Thanks, artwork_750

 

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Artwork, calm down :D

 

If it was me I'd ring them acknowledge the debt and tell them that theres not a Nats chance of them doing a thing about it.

 

But you should just send letter 'M' from here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

 

Jogs

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Also make a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008. You may also wish to make a complaint to your local Trading Standards and your MP.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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double post? do you mean send 2 copies?
No. He means he posted twice by mistake.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Trading Standards Central - Trading Standards and Consumer Protection information for the UK Just enter your postcode in the box to find your nearest one or call consumer direct on 08454 04 05 06.

 

The OFT you can either e-mail at [email protected] or write to them at:

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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what would I put into the email? sorry if I come across as being daft on these issues, but I've not done this before...:confused:

 

Exactly what you put in your post, with a copy of the letter they have sent you.

 

Jogs

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 3 weeks later...

Hi all!

 

I posted a letter to the company as adviced by on this forum, clearly stating that a) I was not a admitting that this debt was mine & b) clearly stated that this is statue barred. I also contacted the OFT (their reply is below). I have come home today & received a 'Notice of Legal Proceedings'...can they do this? I haven't admitted the debt, nor have they acknowledged my previous letter. They are asking for FULL payment by 20/02/09..which is Saturday. What shall I do now? I have printed out a letter asking them to provide me with the original agreement, do I send this off along with another copy of the previous letter, or do I send another - if so which one? Even the OFT state this thie debt is unenforcable...please help...:(

 

 

 

 

Consumer Credit Act 1974 (the Act)

Complaint against: Commercial Collection Services Limited

Licence No: 455024

Thank you for your email received on 29 January 2009.

I am very sorry to hear about the difficulties you have been experiencing with the above mentioned trader however, the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

I enclose a list of organisations which can offer you help and advice. For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. I note you have contacted your local Trading Standards, please remain guided by them.

 

The Consumer Credit Act 1974 (the Act) established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT.

 

The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

The Limitation Act 1980 (the 1980 Act) sets out certain periods (referred to here as the “limitation period”) after which court claims cannot be brought. Different periods apply to different types of claims.

 

A claim for a debt is a claim based on breach of contract. The basic rule, under section 5 of the 1980 Act, is that a court claim for breach of contract cannot be brought more than 6 years after the breach occurred. In the case of a debt, the breach is the failure to pay the debt when required. The 6 year limitation period runs from the time payment should have been made and a court claim cannot usually be brought after that.

 

It is also possible for the limitation period, in effect to be extended. Under section 29 of the 1980 Act this can happen when the debtor acknowledges his debt or makes a part payment of it. The acknowledgement or payment must be to the person to whom the debt is owed or someone acting on his behalf. When the debtor does either of these things the 6 year limitation period may start to run afresh. This can only be the case where the acknowledgement or part payment is made within the original 6 year limitation period (and not later). The acknowledgement would need to be in writing and signed by the person making it (or someone on his behalf). It would need to amount to an admission that the debt is owed and has not been paid.

 

If a creditor seeks payment of a debt outside the limitation period the debt does still exist legally. The creditor can still ask the debtor to pay. What the expiry of the limitation period means is that the creditor cannot then enforce the debt through court action.

 

The OFT’s Debt Collection Guidance, published in July 2003, gives the OFT’s position regarding statute barred debt in England and Wales :

 

 

  • It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period,
  • If a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt,
  • It is unfair to mislead debtors as to their rights and obligations, e.g. falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and
  • 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 have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me in the enclosed freepost envelope. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza , 183 Marsh Wall, London , E14 9SR ; telephone number, 0845 080 1800, or www.financial-ombudsman.org.uk.

 

Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely

Olushola Egbowon

Enquiries and Reporting Centre

Office of Fair Trading

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Hi again mate.

 

Don't do a thing, simple as that.

 

1) They won't take you to court for that amount

 

2)If they do, you get a nice payout for a wasted costs order.

 

Don't lose any sleep over this ;)

 

JOgs

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