Unsure of dates

[Eli1264]

Hi, i am new to the forum and appologise if i have posted something that has already been answer. My problem is that a solicitors in Manchester (GLP) have sent a leeter to my parents house, where i have lived for 25yrs . My parents phoned me to tell me that a letter had arrived with a solictors stamp on the envelope, i collected the letter and opened it to find that a finance company (Marsh) had tasked them to collect a £5000 debt which i had no idea existed. I phoned the solictors to enquire who they where and informed them that i didnt know who they where and that the address they had posted to was my parents and that i hadnt lived there for 25years. The solictor told me i had until the 15/02/11 to pay the full amount or the word follow with court proceeding. Can anyone help with any information

 

chris

[rebel11]

Hi Eli

 

Welcome to CAG

 

Thread Moved.

 

It sounds like a 'fishing trip'. I would check your credit file. Providing you haven't had any CCJ's the debt if it is yours is Statuted Barred providing no payments have been made over the last 6 years. One of the Credit Reference Agencies does a 30 day Free Trial. Don't forget to cancel it. There are template letters in the library that you can send, if you need too.

[cerberusalert]

Send them this http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

If the information they send back shows that it's a debt which hasn't had any payment made or written acknowledgement of for a period of six years (five in Scotland) it will be Statute Barred & they cannot take any legal enforcement.

[Eli1264]

Thanks for the speedy replies, however i am unsure of any dates. if i have had any dealing with this company i cant be sure it is more than 6 years. even though i have spoke to the solictor, is it safe to ignore any futher letters from the solictors

[rebel11]

Don't speak to them over the phone, don't acknowledge the debt. I would send the letter thats been suggested. Send it Recorded.

[Eli1264]

i have already spoken to them as i wasnt sure who they where and as i am usure on the dates where does that leave me

[rebel11]

Thats not a problem. But they want to try and engage you in to talking to them.

 

i have already spoken to them as i wasnt sure who they where and as i am usure on the dates where does that leave me

[Eli1264]

what is the likely step that solictors take after first contact, is it safe to ignore any future letters, and return thm to sender

[rebel11]

If the debt is Statuted Barred, they won't waste their time, theres nothing they can do.

 

what is the likely step that solictors take after first contact, is it safe to ignore any future letters, and return thm to sender

[OnMyWayOut]

It wouldn't be a good idea to return their letters as they know they have reached you at that address by the fact that you have phoned them.

[cerberusalert]

Send the letter to them in post #3. The onus is on them to prove a debt exists and they have the right to collect. Depending on what you receive back will determine your next response. Don't worry, we'll advise on your course of action.

[Eli1264]

i think as i am not sure of the dates and that fact that i have contacted them, i have sealed my fate. thanks for all the replies though

[rebel11]

Check your Credit File, that should answer the dates question, you haven't sealed your fate, far from it. No negative thinking please. The general guidance on DCA's and solicitors is don't speak to them over the phone. It's better to contact them via letter.

 

i think as i am not sure of the dates and that fact that i have contacted them, i have sealed my fate. thanks for all the replies though

[Eli1264]

with regards to the letter i should send, should i leave the address out as it isnt my address

[cerberusalert]

The only reason we advise not to speak to them is so that you have documentary evidence of what's occurred. They can say anything over the 'phone and then deny it unless you record the calls. Besides the telephone is a debt collectors preferred medium in order to threaten & intimidate.

 

The fact that you have spoken to them on the 'phone is not evidence of admission of a debt.

[cerberusalert]

with regards to the letter i should send, should i leave the address out as it isnt my address

 

Use the address they sent it to originally if possible.

[Eli1264]

Thanks for all the information, i have printed of the letter that cerberusalert has given me the link too and i shall wait to see if a second letter turns up next Tuesday 15th. If so the letter will go in the post and i shall keep you all informed of the out come. Thanks again everyone

[Eli1264]

Well i havent recieved any mail today from GLP, however i have give some thought to my past finances and i believe that i may of had some dealings with Marsh Finance about 4 1/2 years ago but i have heard anything from them in the last 4 1/2 years. Can anyone advise me on the best course of action now even though i spoke to GLP

[cerberusalert]

Just wait until GLP prove the existence of the debt & that they have the right to collect. It depends on what they provide as to what you should do next.

[Eli1264]

No probs, how long do they have to prove it. I have had a few sleepless night since this started and am looking forward to a good nights sleep:-)

[cerberusalert]

There is no fixed time limit for them to respond, it really depends if they are fishing or not. They may try their luck & try and pursue but as already said if it is Statute Barred they cannot do anything, equally if you are not the person they are looking for.

 

Don't let it worry you, there's nothing they can do.

[Eli1264]

I read somewhere on the forum regarding a list of "golden rule" to follow. Can someone please send me the link to this

 

eli

[cerberusalert]

Rule #1 = do not talk to them on the 'phone.

 

Rule #2 = Everything in writing.

 

Rule #3 = Do not let them intimidate you.

 

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.