BPO Collections reply to sending prove it letter

[splosher]

I've had a debt problem with a RBS bank loan from 2002 following me and black-listing me since 2003 and have always used this forum for the "prove it" letters and advice in how to deal with the various debt collection agencies. Usually, I send a letter and then get a reply apologising and telling me they're returning the debt to the original creditor and then someone else contacts me, usually on behalf of Capquest.

However, this time BPO Collections have returned a letter to me from my "prove it" letter, stating the debt is mine and if i send £1 I can get a print out of the original agreement, even though i'm sure i sent a postal order for a £1!!!

 

Here's the letter:

 

 

Any help will be greatly appreciated.

 

Thanks

Edited December 7, 2009 by splosher

[Deb T]

When was the last time you made payment/acknowledged the debt?

[Bazooka Boo]

Really, with what evidence?

[Bazooka Boo]

However, this time BPO Collections have returned a letter to me from my "prove it" letter, stating the debt is mine and if i send £1 I can get a print out of the original agreement, even though i'm sure i sent a postal order for a £1!!!

 

Oh that old trick!

What evidence did they send you proving you own the debt?

[splosher]

Wow, now that's quick, thanks everyone!

 

When was the last time you made payment/acknowledged the debt?

 

Probably in early/mid 2003.

 

Oh that old trick!

What evidence did they send you proving you own the debt?

 

Nothing at all and I'm now worrying that me sending the "Prove it" letter may be a way of admitting the debt?! Probably not as I didn't sign it.

[fermi]

Probably in early/mid 2003.

 

In that case...........

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162366.html

[Deb T]

 

Probably in early/mid 2003.

 

Send them either of these particular letters (choose which you think suits you best) don't sign but print if it makes you feel better and then simply forget about it, it's no longer collectable and it's no longer your concern.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

or

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[Bazooka Boo]

Nothing at all and I'm now worrying that me sending the "Prove it" letter may be a way of admitting the debt?! Probably not as I didn't sign it.

 

You've nothing to worry about there, simply asking them to prove you owe a debt is not an admission, even the dumbest of DCA's are aware that won't wash.

 

Well they still haven't provided proof that you owe anything, either ignore or if you are certain that your last payment/acknowledgement to them was the middle of 03, send them the SB letter and they should drop it like a hot potato!

[splosher]

Thanks for the two letters to send them but what worries me is them sending idiot debt collectors around to my address!

 

Also, what if i'm only just over the 6 years mark? Is there no way they can put in a new claim from a specific date? I know I haven't paid anything since 2003 but I have had a constant barage of letters, so can this be used against me as being in touch with me?

 

Also, I have now got my phone out of the wall as I get a continual bombardment of calls from Capquest number!

 

Just looking for some reassurance really.

[twofoot]

If YOU have not paid or acknowledged the debt for a continuous period of 6 years (5 in Scotland) then it is Statute Barred and nothing at all can undo Statute Barred even making a subsequent payment won't undo it.

[Deb T]

6 Years to the date of last payment/acknowledgement of the debt and that is it, stat barred and any company attempting to collect past that date are breaching several guidelines and possibly running the risk of having their consumer credit licence withdrawn

 

See here under stat barred debts

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Section 2.13

[fermi]

If YOU have not paid or acknowledged the debt for a continuous period of 6 years (5 in Scotland) then it is Statute Barred and nothing at all can undo Statute Barred even making a subsequent payment won't undo it.

 

Yep.

 

Limitation Act 1980 (c. 5)

 

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

[lickthewallfatboy]

6 years

 

they can kiss their arse goodbye on that one

[Bazooka Boo]

As for some Knuckle Head knocking on your door, this is a common myth which is again designed to not only exploit your lack of knowledge but to intimidate you into paying them money you either don't or no longer owe.

 

So with that in mind, you would be well within your rights to be a little bit annoyed that they are playing you for a fool.

 

No one will turn up, if they do, tell them to foxtrot oscar, and if they don't leave call the Police and tell them there is going to be a breach of the peace.

[splosher]

Cheers for all the replies and I will send the Stat. Barred letter to them and see what comes back, so I'm sure we'll pick this thread up once again in the near future!

 

One question: should I send it to BPO Collections or directly to Capquest or perhaps 1 letter to each?

[Bazooka Boo]

Send it recorded delivery to who ever is asking you for money.

[diddydicky]

Cheers for all the replies and I will send the Stat. Barred letter to them and see what comes back, so I'm sure we'll pick this thread up once again in the near future!

 

One question: should I send it to BPO Collections or directly to Capquest or perhaps 1 letter to each?

 

but if i were you i would double double double check your records/bank statements etc FIRST

[Bazooka Boo]

but if i were you i would double double double check your records/bank statements etc FIRST

 

So do you mean triple check or Hexa check?

 

If it isn't SB then they will come back and provide evidence to its enforceability, most likely a 'Failed Payment'