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trigot33

Got a call from dca ( car finance agreement from 2001.

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Hi,

I wonder if i could get some help on this. Got a rather obnoxious debt collection agent on the phone last week. He was ringing in relation to a car finance agreement i took out on 2001.

 

To cut a long story short on this, i gave the vehicle to a close friend after a while to pay off and use at the same time since he couldnt get hp, and lets just say i put my foot in it bigtime.

 

The agent confirmed my details and told me he was ringing about the motor, no reg no. was given, no account etc, just make of vehicle. We discussed vaguely what i could pay or rather what he wanted me to pay each month. I beleive this is a statute barred debt, but i didnt know about these things then.

 

When i asked him for the paperwork he started to stutter. I said how the hell can u ring anyone requesting money when u have given me sweet fa regarding what the hell im paying u for, no evidence, no paperwork, just a reg and confirmation i once owned the car.

 

If i get contacted again, would it be right for me to ask for the original agreement and take the cca route, just incase they say because i discussed it, i cant call the debt statute barred ?? In saying that, ive written nothing in letter form to them ever, and that could have been anyone on my line when he rung.

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Discussing the debt will not lift the statute barred status. If no payments are made or the debt is not acknowledged by yo for a period of 6 years, then it is statute barred. Once the 6 years has passed, no action by you can reinstate it. They can ask you to pay, but you don't have to. You will need to check when your freind last made a payment to them, although if someone else was making the payments, that may need thinking about. Do you recall when the last payment was made.

 

DCA's can buy up statute barred debts and try it on as it were.

 

If they contact you by phone, just tell them you do not recognise the debt. If they write to you, send the letter below.

 

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.

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By asking for details I would imagine you are not acknowledging the debt - or at least your liability to repay it. Depends how you have worded your request.


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Thank you for your replies. The payments were made long long ago, and since im in scotland, its a 5 year rule for sb debts.

 

I just worded , well it was more a discussion than an actual request so to speak, i just asked what anyone who got a call out the blue would, how much were u looking for, what was the balance, what do u have in writing etc, He told me point blank he has nothing in writing so i dont think there is much more to discuss on it unless he sends me something to that effect, and if im sure there is no sb on it, i will ask for an agreement, to which he has already stated he has no paperwork.

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Best to wait until they contact you in writing first - give it as long as possible in case your friend was making payments for a couple of years

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now might this be a yes car agreement

 

is the dca

 

marlin

dlc

go debt

 

make my day and say yes

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no it was black horse originally. Im not sure who the dca was, well they phones, but if i recieve any letter, ill let u know.

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