Writing to DCA Constitute Acknowledgment of Debt?

[bh486]

Morning.

I've received this morning from a DCA called Rockwell stating that they have been instructed by Tessera Portfolio Management regarding a debt "that remains unpaid".

 

I have no knowledge of either of these firms or the debt.

 

Can someone please advise if writing to Rockwell stating this constitutes in law any acknowledgment of the debt?

 

I have been advised to send them the following letter. It is a letter that has been sent by another party to Rockwell regarding a similar case in the past - I'd appreciate any suggestions:

 

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

 

I would point out that I have no knowledge of any such debt being owed to Rockwell Debt Collection Agency, Tessera Portfolio Management Ltd or anybody else.

 

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is 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 accounts 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."

[silverfox1961]

Hi

Sending the letter does not acknowledge any debt but if you want to be sure, you could always head the letter

 

"I do not acknowledge any debt to your company or any company you claim to represent"

[bh486]

Thanks for that. Much appreciated.

 

From which date does the "clock" start ticking before a debt becomes Statute Barred?

Is it the date of the last payment to the creditor? What happens if you have never made a payment?

 

Just trying to arm myself just in case!

 

Thanks again.

[silverfox1961]

When no payment nor acknowledgement of any debt is made in a period of 6 years (5 in Scotland) then the debt is SB. This is for "normal debts" I.E credit cards, loans, bank charges. Anything to do with mortgages is different

[bh486]

Again, thank you.