almost statute barred

[Pinky69]

You need to play them for time. Write and tell them you did not receive a Notice of Assignment from Natwest to say the alleged debt had been sold to Wescot so you have no proof they have any legal right to pursue this alleged debt. Incorporate that into this letter:

 

Dear Sir/Madam

 

Account no:

 

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).

 

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.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we 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/we look forward to your reply.

 

Yours faithfully

 

Once they have replied to that, ask them for a copy of the letter that authorised the overdraft. As there won't be one, the bank will have to provide them with the details on an overdraft letterhead and that will take time.

Once you have done that, come back an we will think of something else - lol!

[Pinky69]

If it states on the SAR that the last payment was 4 June 2003, it is Statute Barred on 4 June 2009 (4 June 2008 in Scotland). Sending the Prove It letter does not acknowledge the debt - it merely asks them to prove it exists. In any case it would take time to get to court if they did raise proceedings - 6-8 weeks. By ignoring them they may just go ahead and take action.

[Pinky69]

You can string this out no problem Sam - 5 weeks is nothing in a tussle with a DCA. Keep up the good worK!

[Pinky69]

16 days and counting - no problem with that.:grin:

[Pinky69]

Hooray! The day has come at last - so great big pphrtttttttt to them!