2 letters from 1st Credit

[rocker1968]

I've had a second letter from 1st credit regarding a debt with Fredrickson/American Express. 1st letter came on 19th July chasing payment for the debt. 2nd letter came on 29th July stating legal proceedings and that it was my final opportunity to contact them. I have not spoken to or written to them. Pretty sure this debt dates back to 2002/2003. What should I do..... Ignore them or write back?

 

Any help greatly appreciated.

 

Thanks

[huggys boss]

Hi, you say you think the debt dates back to 2002/2003, is this the last time you made a payment?

 

If it is, then there is a good chance it will be stat barred or coming up to that time, and they are hoping you will pay and restart the stat barred clock.

[harrassed senior]

Send them this:

 

Dear Sir or Madam

 

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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[huggys boss]

Send them this:

 

Dear Sir or Madam

 

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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

But DO NOT SIGN IT. Print you name!

 

 

Sorry for jumping on it HS:p

[rocker1968]

OK - Thanks a lots guys/girls. will send tomorrow and post how I get on.

 

Fingers crossed.

[silverfox1961]

My apologies for jumping in too but

 

SEND ALL LETTERS BY RECORDED DELIVERY

[Hardupnotfedup]

AS has been asked when did you make last payment?

[rocker1968]

Definitely not made any payment since middle of 2003

[huggys boss]

Definitely not made any payment since middle of 2003

 

would you suggest the stat barred letter too Harrassed Senior?

 

The Consumer Forums - Debt collectors

 

Letter 2 in here.

[rocker1968]

I forgot to ask..... the letter says their client is Fredrickson/American Express.

 

Who are Fredrickson??

[huggys boss]

Fredricksons International is a DCA

[rocker1968]

Ah OK - I've never had any correspondence from Fredrickson so I presume they have just passed it to 1st Credit.

[rocker1968]

I've had another letter from 1st Credit completely ignoring my letter that I sent on 5th August. Its a letter offering a sliding sclae discount if I pay within a certain period.

 

Should I just send them the original letter again asking for proof that I owe this debt?

[huggys boss]

Nope, if they are offering a sliding scale reduced payment it is probably very near to being stat barred if it isn't already. Have you got any idea of the last payment in 2003? Pre summer school hols, during school hols etc? Have you acknowledged the debt in writing since 2003?

 

I personally would go with the stat barred letter as it should now be 7 years since your last payment if your dates are correct.

 

Again, print your name on it, never sign a letter to a DCA and send it by recorded delivery so that you can track the date they signed for it.

[cerberusalert]

They are in breach of OFT guidelines which state they cannot continue to pursue once you've sent the SB letter unless they can prove it's not Statute Barred. Make a complaint to TS via Consumer Direct http://www.consumerdirect.gov.uk/contact

[rocker1968]

Definitely not had any activity on this since early 2003. Does anyone have a link to a SB letter?

 

Thanks

[huggys boss]

post 9 in this thread x

[silverfox1961]

letter 2

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html