Help please!!!!

[confuseddick]

Hi everybody, please be gentle with me, I'm new to all this!

 

My partner has recieved a letter from a debt collection agency today (connect/mackenziehall) stating that they have been instructed by their client to recover an outstanding balance of £2862.46. The pursuers of the debt are Cabot Financial (Europe) Ltd and the original creditor is Barclaycard. My partner phoned them to find out what the debt related to and was told that the balance was outstanding on a Barclaycard from 1998, although she does not ever recall having a Barclaycard and as she has had 2 different mortgages from different lenders since 2002 and this debt did not appear on any searches relating to her credit status during the process of applying for these, she is quite distressed. The DCA were very forceful with her on the phone, insisting on immediate payment and basically threatening that further action would be taken if she did not pay immediately - something she is not in a financial position to do and also not willing to do as this is the first time she has heard about this alleged debt. Barclaycard themselves were of no help when she phoned to ask them about the card which she does not recall ever having - after going round in circles on an automated anserwing service, their customer services department would not release any information as she could not remember the exact address she was living at 12 years ago!!! Any advice on how to proceed with this to get it resolved would be much appreciated.

 

Thanks

[PGH7447]

Hi and welcome and calm down, any debt from this long ago is most assurdley statute barred.

 

what you need to do is to stop calling anybody, and reply by letter sent recorded asking for proof of debt and that is that, if they send anything then come back and show us, we need a good laugh

[confuseddick]

Hi, thanks for the incredibly quick reply!!!!

Is there a standard format letter which could be sent to them? Been looking at some of the templates on the DCA link but not sure which one would be most appropriate.

 

Thanks in advance

[PGH7447]

The Consumer Forums - Debt collectors

 

template 18

[confuseddick]

Once again, thanks!!!!

 

That is all ready to send tomorrow - how long do they have to respond to that letter? Sorry for all the questions but these sort of things get me really riled up and my partner is beside herself with worry

[comebackjimmy]

Hi

 

Standard rules for dealing with DCA's

 

1. No calls. Not ever. If they call you, hang up. If they call again, hang up again. (This seems rude but you already know how they are on the phone).

 

2. Written communications only as this leaves a paper trail that can be produced in court to your advantage. Never sign your correspondence. Usually send it recorded delivery and check the GPO track and trace website to ensure it has been delivered and print off or save the screen).

 

3. Keep all correspondence including envelops which you can staple to the letter you have received. (This because it can be useful to check type of post and post dates for certain types of correspondence).

 

Sounds like this debt, if it ever existed was last featured on Jurassic Park and would be totally unenforceable due to age, unless you made a payment on it in the last six years).

[comebackjimmy]

They have 12 plus 2 days.

 

After that they can not pursue you for the debt until they produce the required document.

 

At the 12 plus 2 day point you can choose to do nothing or send them another template letter putting the account in dispute.

 

Please post back here with any results and cease worrying.

[PGH7447]

the above timings are for a cca request, for a prove it letter as long a they want, they have to prove a debt exists.

 

whatever you do, do not make an offer of payment or put in writing any admission of this alledge debt.

 

if you can remember what it is, can you hazard a guess at the last time you may have made a payment

[maroondevo52]

Thread moved to Debt Collectors Forum.

[confuseddick]

PGH7447,

 

My partner is unaware of ever owning a Barclaycard which is what this alleged debt relates to. She is adamant that she has never had any communication from anybody relating to it and has therefore never made any payments towards it. When she phoned the DCA immediately after recieving the letter she told them that she had no idea what it was for and they did everything in their power to convince her that she had to pay it despite this. They were very agressive, insisting that she declared her monthly income/outgoings so that they could work out a payment plan. They even went on to demand my income details (which she refused to give) as they said that they would count towards how the debt would be repaid. She came off the phone in tears after the very rude woman she was speaking to basically told her she didn't care that she knew nothing of the alleged debt and that it didn't matter to her if it could be repaid - just that it would be!!!

[cerberusalert]

Send the prove it letter as advised, the onus is on them to prove a debt exists and they have the right to collect it. The beauty of this situation is if it's nothing to do with your partner and they send someone else's agreement they will be in breach of the Data Protection Act and can be reported to the ico who have the power to fine them.

[yekrats]

THEY ARE LEGALLY WRONG FOR ASKING YOU AS U R NOT THE ALLEGED DEBTOR AND TELLING YOU WHAT IT IS ALL ABOUT GOES AGAINST THE DISCLOSURE OF CREDIT INFORMATION ACT

mE I WOULD JUST LAUGH NOT TAKE THE CALLS AND TREAT IT AS A [problem]

[PGH7447]

send the prove it letter and DONT call these idiots again, everything in writting, let em hang themselves with their childish threats

[confuseddick]

Sent the prove it letter and had a reply entitled final response, the contents of which include:

 

'I note that you dispute the account being owed by yourself, but I would draw your attention to the call made to our offices on the 25th February 2010, the same date as your letter, where you admitted liability for this debt and indeed made an offer of repayment.

As such we do not consider this account to be disputed and we cannot in light of the call made to our offices consider you not liable for the balance owed. However, I will place this account on hold awaiting your comments.'

 

They have then enclosed a leaflet about the Financial Ombudsman Service and stated that they should be contacted within 6 months from the date of their letter.

 

As my partner telephoned them to ask what the alleged debt related to and did not admit liabilty for it in writing and has not made any payments towards it, what should the next course of action be?

 

Thanks in advance

[mr.ton]

Sent the prove it letter and had a reply entitled final response, the contents of which include:

 

'I note that you dispute the account being owed by yourself, but I would draw your attention to the call made to our offices on the 25th February 2010, the same date as your letter, where you admitted liability for this debt and indeed made an offer of repayment.

As such we do not consider this account to be disputed and we cannot in light of the call made to our offices consider you not liable for the balance owed. However, I will place this account on hold awaiting your comments.'

 

They have then enclosed a leaflet about the Financial Ombudsman Service and stated that they should be contacted within 6 months from the date of their letter.

 

As my partner telephoned them to ask what the alleged debt related to and did not admit liabilty for it in writing and has not made any payments towards it, what should the next course of action be?

 

Thanks in advance

 

It doesnt matter how many times they were phoned up & what offers were or were not offered...they are just trying to confuse/intimidate you.

If its stat barred then its stat barred = end of.

If they dont stop harrassing you then report them to the OFT/trading standards & the FO.

[cerberusalert]

Ignore them for now, if they had semtex for brains there wouldn't be enough to part their hair if it exploded.

 

Let them dig an even bigger hole for themselves.

[comebackjimmy]

Hi

 

This is one of the reasons for not ever calling them or speaking to them on the telephone, as they say you said something and you say you didn't and the whole thing is unproductive for you.

 

They probably record the calls so whatever was said, only they have the evidence.

 

As of right now you say you did not acknowledge the debt and they say that you did.

 

The onus is still on them to prove the debt. If the conversation did take place as they say it did then they should be able to reproduce the recording. (though I bet they wont).

 

I think as you now stand they have not proved the debt and this is not their final response, though their letter is trying to scare you into thinking it is.

 

If it was me I would just ignore it until such time as they provide material proof of the debt if such exists, or the recording of the conversation, if such exists. I would not dignify their communication with any sort of reply.

 

However, you said this was part of their response. What was the rest of the response? Is it safe to assume it had nothing substantial by way of any proof?

[PGH7447]

you must admire their feeble attempts to make you pay - Not

[confuseddick]

The rest of the response was just giving the details of the card number to which the alleged debt relates and the date that it went into default (December 1998). Strangely though, this letter arrived today with the same date on it as one which arrived yesterday stating that the account had been put on hold pending investigation.

 

If they were able to produce a recording of the conversation and my partner had made any admission to knowing about the debt (she is adamant that she didn't as she did not have the card to which it relates), is this as good for them as written acknowledgement? Just want to be sure of all my facts!!! Whatever happens, this is the first she has ever heard of it and has definitely never made any payments towards the card that they have detailed

[comebackjimmy]

1. From what you say you don't have to worry about any recording they might produce.

 

2. Did they say they were recording the call at any point in the process of the call? If not they cannot produce it as evidence.

 

In the unlikely event that this becomes something they wish to rely on in the future you should be able to obtain the recording from them as it will be part of the evidence they are producing.

 

Biggest lesson here: Never talk to them, written comms only.

[PGH7447]

verbal admission is not any good it has to be written or a payment made, so forget about them