Puzzled by alleged debt!

[dstroud]

Hi,

I am a new poster on the forum, so apologies if I have posted in the wrong place.

I have recently received 2 letters from a debt collection agency alleging that I owe £42:79 for a 'Peoples Phone' contract that I had over 14 years ago. They also inform me that they will either instruct a solicitor or a local collection agent to personally visit me.

I always pay all bills and outstanding amounts that I owe and can't get to grips with this one at all! I had a contract with 'Peoples Phone' which was not a PayAsYouGo phone line, so required a direct debit payment for connection to the service. This lasted until Vodaphone swallowed up 'Peoples Phone' in 1997 and who subsequently allowed me to continue under their contract. If there was an outstanding amount at that time, I'm sure that it would have automatically been taken from my bank account. Unfortunately I don't have records going back 14 years and I am no longer with Vodaphone!

I have tried to ask the debt collection agency for some proof (I can't be sure - maybe somehow I really do owe it) but they are of little help, and the unsigned letters that they are sending have now really started to frighten my wife (she fears debt collection agents may come knocking on our door whilst I am at work).

I have read in a forum about a debt being 'statute barred', is this so? Also can I do anything to halt the letters?

Hoping someone can help - kind regards

Dave

[postggj]

just send the statute barred template, nothing else

 

who is the dca

[postggj]

1 High Street,

Newtown,

Kent

R21 4RH

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

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

[silverfox1961]

If I said "pretty please" would you name the muppets who are chasing a Statute Barred debt. Please say Lowells or Muck Hall

 

14 years-give me strength

 

Here's a link to the statute barred letter (letter 2)

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

Personally, I'd ignore it

[silverfox1961]

OOPS Post beat me to it:-)

[dstroud]

Hi,

 

Thanks for the advice everyone.

 

I will print the template up as a letter and send it off. I have also put my wife's worries to rest, thanks postggj.

 

And Silverfox, the company is Arvato Finance Services of Willerby Hull. They are a joke - when the first letter arrived during August, my wife tried to phone them on a 08700 number to find out more but they would only deal with me - so I phoned them from a mobile (3 not Vodaphone) and gave permission for my wife to speak on my behalf, who then phoned them back to be told absolutely nothing!! The 2nd letter arrived during September (whilst on holiday) with a deadline (which passed during our holiday too) by which date action was threatened to be taken. I am sure these companies prey on people like us who know little and worry them into submission.

 

As I said in my original posting; I have no records and can't be sure of any exact details, but I have just Googled 'Peoples Phone' and it turns out that they were taken over by Vodaphone in November 1997 - so I was actually slightly out from my 14 year guesstimate (but certainly more than 6 years).

 

Many thanks - Dave

[postggj]

most important you send that letter by recorded delivery

[Lee Vodafone Company Rep]

Hi Dave,

 

This's a bit of a strange one.

 

As the account was taken over by us in 1997 then I would have thought that everything relating to it would have come across to us as well.

 

I certainly like to try and assist you here if I can and in order for me to investigate things further could you forward to me copies of the letters you've received by following the steps in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once you've sent it you'll receive an automated reply with a reference number. Just update the thread with this and I'll get back to you as soon as I can.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[ploddertom]

Has any more happened on this as I also have had one of these letters and 2 phone calls now. The first caller didn't know what Statute Barred meant and went away to find out. The 2nd caller states that SB does not matter and is not relevant in this case, the fact the company were swallowed up by Vodafone does not matter either according to the caller.

 

PT

[Lee Vodafone Company Rep]

Hi PT,

 

Thanks for raising this.

 

Whilst I've not heard from the OP if you'd like me to take a look at your case just follow the instructions which I posted above.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[ploddertom]

According to letter now received this matter is now closed. Sent 3 letters in one envelope to them - Prove It mentioning SB, denying doorstep visit & telephone harrassment. Still waiting to hear more from Vodafone though despite giving them info.

 

PT

[Lee Vodafone Company Rep]

Hi PT,

 

Thanks for the update here.

 

Due to the age of the account I suspect that there may be a problem with tracking it down but rest assured that if you email me the details, or PM them across if you prefer, I'll do my best to make sure this gets sorted out.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[ploddertom]

Hi Lee

 

Had 2 calls last week from your team about this. Like a lot of things they say there is not a lot they can do. I accept that but the whole point at the time is that someone somewhere has bought these I assume and is hoping others are just paying. The people calling are very unprofessional and when challenged either do not know what SB is or deny its existence. As for telling them that your Company purchased the other one they say does not matter as it didn't happen. Memory in my case was that yes I did have a Peoples Phone, everything had to be paid on DD incl rental, cost of calls, paper statement - not that there was any other alternative. I remember because of where I lived mine did not work - mind where I am now there is still no service - , took it back & tried another & took it back again. Eventually I believe I ended up in the fledgling Vodafone shop and got a phone that worked a bit better.

 

The whole object was to bring to your attention this was happening and that maybe your Company should query with the DCA what they were doing.

 

PT

[Lee Vodafone Company Rep]

Hi PT,

 

Thanks for coming back to me.

 

Unfortunately I wasn't in the office last week so I'm not sure what happened.

 

As you still have concerns which you'd like us to look into I'm happy to pick these up for you and feed them back to the relevant departments who liaise with the DCA's.

 

If you'd like to send these across to me directly you're welcome to send me a PM.

 

Best wishes,

 

Lee

 

Web Relations Team

 

Vodafone UK

[ploddertom]

Well I come home today to find a "very" nice letter from HL Legal about all this. Time to start charging for my time now methinks.

 

PT

[Lee Vodafone Company Rep]

Hi PT,

 

To enable me to get this investigated could you let me know via email the references quoted in the letter you've just received?

 

To get in touch with me just follow the steps in our pinned thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems and once sent just update the thread with your email reference number so I can ensure that it reaches us.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[ploddertom]

Thanks for that Lee - I'll do it later. As this is starting to become irritating I've taken time out to reply to them today and have enclosed an invoice for my time.

 

PT

[Lee Vodafone Company Rep]

You're welcome PT.

 

Once you're in touch with me I'll do my best to get to the bottom of things for you.

 

Take care.

 

Lee

 

Web Relations Team

 

Vodafone UK

[ploddertom]

You're welcome PT.

 

Once you're in touch with me I'll do my best to get to the bottom of things for you.

 

Take care.

 

Lee

 

Web Relations Team

 

Vodafone UK

 

Hi Lee

 

Have tried as requested but it comes up with an error each time. I have access to all previous messages under WRT135 [#4602093] if it's of any help.

 

PT

[Lee Vodafone Company Rep]

Hi PT,

 

Thanks for coming back to me.

 

Although I can't seem to locate any details against that email reference I'll PM you with an alternative way of contacting me in recognition of the difficulties you've encountered with our online Contact us form.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK