Credit Security Limited - Advice needed

[scouserat]

My wife had a student overdraft with Barclays between 1998 and 2000, but the account was frozen in 2001 and when she said she couldn't afford to pay it off at the time they said they'd pass it across to the collections department. She didnt't hear anything until 2007 when she was contacted by a collections agency and started paying what they asked each month. Last August we moved in together shortly before getting married and when we did so, we had to rearrange our finances a bit so we decided to stop paying everything we had going out and rearrange payments with each creditor. When we contacted the original debt collection agency, we never received a response.

 

This morning we received a letter from Credit Security Limited stating that we had 'disregarded' letters that had been sent to us and they were now sending out a debt collector. My wife misread debt collector as a bailiff and went into more or less a panic. She immediately rang them to enquire about the debt, and the response was more or less pay up or else. When she explained that she suffers from post-traumatic stress disorder and anxiety, this caused them to immediately try and tighten the screws. They came out with all the usual scare tactics threatening bailiffs, court, etc. which caused my wife to have a panic attack. Fortunately I was off so I was on hand and basically once I realised what was happening I just pulled the plug from the phone.

 

Now my problem is this. Firstly, we didn't disregard any letters. As we're currently wiping out all our debts at a fair rate of speed, we don't ignore out debts - we've accrued them so we should pay them. Also, my wife previous address was her parents and any mail she receives at that address is always passed on by her mum.

 

Secondly, they asked her did she have a credit card, or could she borrow the money off friends or family. As far as I'm aware it's illegal for a debt collection agency to ask you to get yourself in more debt to pay off a debt.

 

Finally, the way she was treated when she mentioned her mental health problems was appalling. My wife works for the NHS part-time providing consultation, training and mentoring for mental health professionals and she said it seems like they've tried to use this information to get her to 'crack'.

 

As much as we're happy to pay off any accrued debts, her treatment here has been unlike anything we've received so far. All the other debt collection agencies have been sympathetic, whereas these guys have acted anything but. Am I right in assuming the first thing she needs to ask for is a copy of the consumer credit agreement, and if they can't provide she shouldn't pay? Also, how do we go about making a complaint about the agent asking her to get herself more in debt? If this is illegal as I've been told then we'd like to complain.

 

Any advice would be greatly appreciated.

[harrassed senior]

First of all, please tell your wife nothing bad is going to happen at the moment, these are just one of the lowest of the low in their particular trade and as you have found out, will lie threaten and bully to get some cash.

 

First and foremost - I and others on here really recomend that you refrain from ever contacting these types on the phone, you have first hand knowledge of what lying, etc. people (and I use this in the widest possible terms) they are. Ignore everything they have said.

 

Second move is to report them to OFT and Trading Standards which you can do online at Consumer Direct

 

My own response to them would be to write and request their Complaints' Procedure, informing them that you have made official complaints to OFT and Trading Standards.

 

Together with the above send them the following letter:

 

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

[cerberusalert]

If there is a clear period of six years (five in Scotland) where no payment or written acknowledgement of the debt was made it will be Statute Barred.

[scouserat]

If there is a clear period of six years (five in Scotland) where no payment or written acknowledgement of the debt was made it will be Statute Barred.

Would this work retrospectively as my wife started paying in 2007 as she never knew about this?

[cerberusalert]

As long as there was any clear period then it would be Statute Barred and nothing can unbar it, any payments made after that would be irrelevant.

[cerberusalert]

To obtain evidence of payments & to determine if there was a long enough break where no payments, written acknowledgement were made she would need to send a SAR request to the OC which will cost £10 http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[silverfox1961]

Cerb, Didn't the rules change in 1998 removing the SB for new accounts.

 

If I remember rightly, it was september 98

 

Just found this:

 

http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

Edited August 10, 2010 by silverfox1961
added link

[cerberusalert]

It was a student overdraft from a bank not a student loan.

My wife had a student overdraft with Barclays between 1998 and 2000,

[silverfox1961]

Many apologies. I'll just blame my eyes. The rest of me is far too perfect to make that sort of mistake:p:lol: