My new partners old debt

[kommisar89]

My new (ish) partner recently admitted that she had debts that she had run up during a messy divorce.

She walked away from her marriage with next to nothing and is was unable to repay these debts. This was in 2004. She isn't money savy and just ignored the debt. She has recently been getting phone calls from Fredrickson Intl almost daily demanding payment. She has now received a letter from Fredrickson claiming to have been instructed by arrow global to collect the debt. For my part, I don't like the idea of my partner being hassled and I am not such an easy pushover. Having read the forums I am well up for the fight, I just need a little guidance.

We need to find out what the debt was for and when the last payment was made(her record keeping is poor to say the least) in case it is already time barred.

Soo, do I continue to ignore these posturing demand letters until something more 'serious' turns up or should I be proactive and demand proof and put the case in dispute? Any guidance would be gratefully received.

[cerberusalert]

Send Fred this;

 

Name/Address:

 

Date:

 

Dear Sir/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.

 

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

 

I/we look forward to your reply.

 

Yours faithfullyPrint name do not sign.

[Bazooka Boo]

I would be up for the fight, especially as it is with Freds, and they like to use another questionable solicitor namely Bryan Carter, and he really would turn a Judge to crime!

 

As per normal, DCA's are still ignoring the OFT, and failing to make it clear why they are contacting people and what it is in relation to. So give these guys a bell, and they will pass it directly to the OFT and TS for you. http://www.consumerdirect.gov.uk/contact

 

Send Freds this http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

And await their next missive, just get proof of postage for that letter, no need to send it recorded, send it 2nd class aswell, which is their preferred method of postage.

[Bazooka Boo]

Nuts, I saw Cerberusalert on here, so kept my post short, obviously not short enough! Beaten to it again...

[unclebulgaria67]

I have since seen the other posts, so probably best to send the other letter first. Then check SB status.

 

If the last payments to the account were made sometime during 2004 the debts will be statute barred already or soon will be, provided no CCJ exists and debts are not owed to a government body. I am surprised that these debts were not discussed during the divorce proceedings, as some will be jointly owed I would suspect.

 

So what she could do, is check with the original creditors when the last payments were made on the account by her. It is probably worth her phoning them to find out the info. Then if the debts are definately SB'd, then send the following letter by recorded. This applies if you live in England or Wales, in Scotland it is 5 years and there is a different letter.

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

[harrassed senior]

You can also send Freds' the following:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

[kommisar89]

Wow how quick are you lot!!!! Thank you so much for taking the time to reply. I will read your replies and act accordingly. Will let you know what happens. Kind regards

[kommisar89]

Just a quick conformation please. Given that potentially, my partners debt is or is close to being statue barred, should I really send the no knowledge of debt letter or am I better off just sitting back and waiting for a more serious letter? As stated previously my partner cannot find documentation regarding what she thinks is a credit card debt but she is fairly confident of its likely timing (2004) as this was a very stressful period for her financially and emotionally. I would hate to be stirring up a hornets nest for her but I am keen to help her regain her credit worthiness and her pride!

[debt4get]

send the no knowledge and wait and see what they come back with...then hit them with the statute barred

[kommisar89]

Okay guys. Thanks for yr speedy replies last time. Its almost a month since i sent a no knowledge letter to Fredrickson International. I have yet to recieve a reply. Should i be following this up with another letter or let sleeping dogs lie? I am receiving sms txts via my landline requesting my partner to contact Freddie and the boys but we continue to ignore them. Any help would be appreciated. Thanks in anticipation

[unclebulgaria67]

If you sent the last letter by recorded, then I would wait for their next letter. See what it says and then reply asking for proof e.g. CCA, statement of account from original creditor.

[kommisar89]

Oh what joy. I have finally got to the bottom of my partners debt situation and it doesnt make good reading.

Apart from the debt being chased as described above, she has CC debts to in excess of £16K and a personal loan of £11k !! Before you judge her these debts were created during an abusive relationship that left her penniless and homeless and jobless as she was made redundant at that time. She has made over 60 continuous loan payments of £365 pm just to stand still but she is finally sinking into the mire. I have persuaded her to fight and she is finally waking up to the issue. So, do i start seperate threads re each CC debt or lump them in with this thread. She has a CC with HSBC and a loan plus a CC with Barclaycard. where do i post for help. Thanks guys

[unclebulgaria67]

Separate threads I think would help, to avoid people getting confused..