A Dilemma, please help.

[DystopianFuture]

HI, I hope that someone can help me concerning some debt collection advice.

 

I received a letter from Cabot financial for an unpaid debt 10 days ago stating that they had confirmed my address and want me to pay £1200 concerning Hitachi Nova.

 

I received another letter from Rockwell yesterday stating that I have 10 days to pay £500 concerning a debt to Arrow global.

 

I am already paying off 2 other debts and I have no means to pay these. I had a marriage failure and left work to study a science degree.

 

I am pretty sure that both of these debts are around 7 years old and I have had no communication with any company or debt collection agency regarding these, I have moved around a bit due to the marriage breakdown and going to University so letters may have well be sent out to an old address but I have never actually received anything.

 

I looked into getting an IVA for all of my debts around 6-7 years ago but I never paid the first installment as that’s around when everything went wrong so the agreement was not formed.

 

I have no assets that could be taken anyway, the only thing of worth that I own is a car. I have never had any CCJ's or knocks on the door.

 

So what are my options here, could anyone provide me with what I need to send them in respect to my circumstances, I am so worried about knocks at the door and my partner answering and then they taking what little we have.

 

I would love to just pay these off but I currently have around £60 in the bank to last me 2 weeks....I really wish I never got into this mess but there you go.

 

Thank You.

[reallymadwoman]

If you think you have not paid or acknowledged these debts in more than 6 years (5 in Scotland) then just send the statute barred letter from the templates library.

[BRIGADIER2JCS]

Take a step back here, have you checked your CRA files yet, to see if the debts are on file? If not please do so!

[Stigman]

I would love to just pay these off but I currently have around £60 in the bank to last me 2 weeks....

 

As advised, these two new debts sound as if they are Statute Barred.

 

You pay your most important bills first... rent/mortgage, council tax, utilities, any secured loans etc. Food, Clothing, Emergency Expenses...

 

The DCA's can have the scraps after you have finished, if it is £1 per calender month then so be it.

 

Do yourself an income and expenditure, please note only a Judge ever has the right to see this and certainly no tinpot DCA,

if you need to drop the payments to the other DCA's, you tell them how much you are paying them, not the other way round, if paying by card or direct debit, then stop these immediately, cancel the card and stop the direct debit, ask for their banking details by way of letter and set up a standing order, that way you are in complete control.

 

Do not worry about the threats of CCJ this, Court that, all hot air designed to intimidate you into paying more than you can afford to do so.

Do not speak on the phone to these vile creatures, if they ring you, refuse to go through the security questions and say "in writing only".

 

Stigman

[DystopianFuture]

Thanks for the advice all.

 

I have just done a credit report on credit expert. I have 2 red marks indicating defaults regarding Lowell Portfolio who I started paying 3 months ago when they contacted me and I haven't missed any payments.

 

My credit history summary shows:

 

Number of credit accounts (including those settled) 4

Amount of available credit (excluding mortgages) £421

% of your total credit being used (excluding mortgages) 74%

Amount of outstanding debt (excluding mortgages) £1,229

Number of accounts overdue 0

Number of missed or late repayments in the last year 0

 

I according to this only have 4 accounts on file, the 2 bad ones from lowell and 2 in good order, this sounds correct as I have not borrowed anything for a long, long time. I also have 64 records on linked addresses, is that normal?

 

So looking at this am I in the clear to send a bugger off letter from the templates, are these companies just fishing?

 

Thanks for the patience, I am very new to this.

[westfield]

I would possibly send either a prove it letter,a statute barred letter or a cca request. Probably leave the cca request until they have proved it. In any letter do not refer to my debt or my account,always use words like the above account or alleged debt. Hope that helps.

[DystopianFuture]

If I send the statue barred letter from the templates that will imply I acknowledge the debt right?

 

Would I be best to send a prove it letter then based upon my above posts, is this the right one: consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

but then I would more than likely have to send the statue barred one anyway I would of thought.

 

Obviously you all are more versed in these matters than myself so advice is very much so welcomed.

 

Thank you so much for the help

[Stigman]

In any letter do not refer to my debt or my account,always use words like the above account or alleged debt

 

I always used to start my letters to DCA's with the following...

 

I DO NOT ACKNOWLEDGE ANY DEBT TO EITHER YOURSELF OR ANY COMPANY THAT YOU CLAIM TO REPRESENT!

 

Stigman

[westfield]

Maybe this would be the best letter to send

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt. Then take it from there.

[DystopianFuture]

Excellent, will get this sorted in the morning. Should I send these letters recorded or just through normal post?

[westfield]

Send them recorded and keep a copy. Do not sign them. I do not think that the sb letter does acknowledge the debt so you could include it with stigmans proviso

[DystopianFuture]

Thank you, the one line confuses me a little:

I suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

Should I delete court so it just reads action as there has been no mention of court proceedings.

 

Here is what I will send, does it look safe?

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I DO NOT ACKNOWLEDGE ANY DEBT TO EITHER YOURSELF OR ANY COMPANY THAT YOU CLAIM TO REPRESENT.

 

I 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.”

 

I 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 me in the relevant period under Section 5 of the Limitation Act, I 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 section 40 (1) of the Administration of Justice Act 1970”.

 

I 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.

 

I look forward to your reply.

 

[westfield]

I think so. Hope that helps. If at any point they send a letter that could be a letter before action get straight back here.

[Queens_king]

Hold on, just read your letter. In the first part you state that you have no knowledge of the debt but yet you state later in the letter that you have not made payment on the debt for 6 years. Surely one obliterates the other

[DystopianFuture]

That was my thought as well and I really want to get this correct as I'm sending it in the morning.... as it currently reads I dis-knowledge the debt but then to claim statue barred status I obviously am confirming that I do in fact acknowledge it... I think.

 

So what would be best to do, send the template stating that its not me or send the statue barred one which acknowledges what the debts in question are mine (as they are)?

 

If I do send the bugger off one then are they likely to say well it is then I can send the statue barred one.

 

What should I do here... send bugger off template then wait and send statue barred one or just send the current statue barred one?

 

Cheers

[Queens_king]

Me, not being an expert would first ask them to prove that you owe the debt. If they can do that then I would certainly send the Statute barred but no doubt some more expert, experienced advise will be along a little later

 

HTH

[westfield]

I do agree with queens king. The prove it letter is by far the best way. Sorry if i gave confusing advice was totally unintentional.

[Bazooka Boo]

If your not confident that these are SB then send the prove it letter.

 

If you are confident it is SB then send the SB letter, it is for them to prove it isn't SB.

 

The SB letter should be sent recorded for your records.

 

A simple prove it letter can be sent 2nd class but obtain 'Proof of Posting' from the PO counter which is free, it is pointless wasting good money when corresponding with imbeciles who can't read.

[BRIGADIER2JCS]

Has that letter been sent, it leaves the matter wide open.

 

OFT Guiadance 2003/2011 Stat Brred debt.

It is unfair to continue to press for payment ''ONCE THE DEBTOR HAS INFORMED THE CREDITOR I WRITTING THAT THE DEBT IS STATUTE BARRED *** AND THAT THAT THEY WILL NOT BE PAYING***

[westfield]

Unless you know of an open post office on a Sunday i somewhat doubt it

[Bazooka Boo]

????

[DystopianFuture]

Thanks for the replys. I am confident than any debt relating to myself apart from the 2 I am paying off is going to now be statue barred, there is nothing on my credit file.

 

I think I'm just going to send the statue barred template off straight off the bat this afternoon, I was originally going to send the prove it template but they are my debts so am I correct that this will just delay the inevitable necessity to send the statue barred letter?

 

I really, Really want to get this right so is this the best way to do things or would you recommend. 1.send prove it letter 2.await reply and send statue barred letter

[westfield]

Personally i would send the prove it letter as the lack of an entry on your credit file means nothing. At best it means over 6 years since you were defaulted. You need to be 100% confident that no payment or written acknowledgement has been made in 6 years and these would not show on your credit file.

[westfield]

????

I was taking the proverbial. The thread was started sat pm with most posts sat evening and Sunday. The OP said they would send recorded so it would be difficult to have sent the letter on a Sunday.

[DystopianFuture]

Thanks for the advice all, sent the initial prove it letter yesterday.

 

Lets see what happens from there