I received a letter today

[puppy135]

From this company saying Revenue Collection Services Debt Collectors in Sunbury on Thames, in lovely pink paper, the first letter states We have been appointed DCA on behalf of Southbank Capital Lttd reference an outstanding HBOS account and it then staates what is deffo a Credit Card Number that has still not been satisfied. blah blah blah about a Solicitor being involved etc This is a serious matter and dont ignore.

 

On the second page which is just white it says

 

PLEASE NOTE THIS IS NOT A PAYMENT DEMAND

 

On 13 November 2008 your credit loan account with London Scottish Finance Ltd was assigned to Southbank Capital Limited who are now the legal owners of the debt. This letter is to notify you that all future payments under your credit loan account are to be made to Revenue Collection Services and their contact details. What should i do? i have never heard from this company before. Do i ignore it? please help

[rory32]

Have you ever had a loan account with London Scottish Finance Ltd?

[puppy135]

Never with this company i had a loan with the halifax bank in 2003 and stopped paying in march 2004 due to me losing my job. The debt has obviously been passed to this company. It says the outstanding balance is £16818

[rory32]

The loan would then be very close to being statute barred. I would request a copy of the credit agreement (template N here ). Send it recorded delivery with a one pound postal order. Do not sign the letter.

 

Without a compliant copy of the agreement the debt is legally unenforceable. Even if they do have one it will probably take them a couple of months to provide it by which time the account should be statute barred.

[rory32]

Ignore my remark about it being statute barred (it would only be statute barred if you were in Scotland - in England it takes a year longer).

[puppy135]

How long is it before it is statue barred? this will have been 5 years this march. I'm pretty sure it was 2004 but it could have been 2003. Got myself into a lot of debt then. I have received letters from capquest ages ago regarding other debts then they sent me a statuary demand letter back in october but have never heard anything from them since

[rory32]

In England it's 6 years from the cause of action (when you stopped paying) for the debt to become statute barred. The burden of proof always lies with the creditor to prove that a debt is not statute barred.

[puppy135]

when i checked my creditfile last year it said that the debt had been partially settled. Should i make contact with them then as i have been reading on some posts that if you contact them then you have to wait another 6 years. Also can they contact my work about this debt to get money taken out my wages? I would lose my job if this happens

[sillygirl1]

They CANNOT go and get money from your wages without a court order, if they do that both your company and their 'agent' who did this can be held liable for THEFT.

[rory32]

Should i make contact with them then as i have been reading on some posts that if you contact them then you have to wait another 6 years.

Then those posts have not understood the limitations act. The 6 years would only restart if you acknowledge the debt. Acknowledgement can only be by making a payment or an offer of payment in writing.

 

Also can they contact my work about this debt to get money taken out my wages?

No. They would need a court order to do this. DCA's have no legal powers at all.

 

Send the letter requesting the copy of the agreement.

 

No agreement = no enforceable debt.

[puppy135]

have you heard of any of these debt collection companys getting court orders to do this? sorry im a bit confused about all of this. I was hoping it would all go away

[puppy135]

Thanks mate you have been really helpfull

[ScruffyProfessor]

Hi Puppy135

 

I notice the last post on this thread was in January, so you may not check back anymore, but if you do you should check out my thread about Southbank Capital Limited.

 

They do not have a consumer Credit licence with the Office of Fair trading, so should not be engaged in debt collection activity.

 

They are also not registered as Data controllers with the ICO so are not leagaly entitled to process personal details, for any purpose!

 

I have fowarded this info to the relevant agencies and strongly urge any one else who can evidence them as trying to collect debts and processing data etc to also let them know.

 

Here is the link:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/219009-southbank-capital-limited-unlicenced.html

With thanks,

ScruffyProfessor