Debt collector turned up on my doorstep for a 2002 debt

[Eponine]

Hi,

 

First post and I was hoping someone could please help me.

 

I had debts when I was younger, I moved house in 2005 and recently started receiving letters from lots of different random companies claiming I owe money.

 

I ignored them as I don't believe I have any outstanding debts, credit rating excellent etc.

 

now a man turned up at 8pm last night and spoke to a relative claiming I owe money to GE Capital from a 2000 account/store card,

and that the last payment received was in 2002.

 

He left his card so I called him and told him I am not aware of this debt and any debts I owed were paid off years ago.

 

I said I believed this debt, even if it existed, would be banned now as its over 6 years.

 

He laughed at me and said this is a massive company and I owe them money and they will take legal action.

 

I said they can do that as I am not handing over money for a debt I am not aware of.

 

He said he would send it back to the company.

 

I requested no one comes to my house again, he said its my address so they can.

 

I said if they wish to pursue it it needs to be through proper legal channels.

 

Was I right or wrong?

 

I am pretty scared and live back with my parents.

[dx100uk]

what thats totally unlawful

 

name and shame please

 

get on to oft/fos/ico first thing tomorrow.

 

dx

[dx100uk]

just to clarify....

 

NEVER EVER hand over money to a DEBT COLLECTOR at your door.

 

that goes to anyone else too reading this WHATEVER the debt

 

 

dx

[BRIGADIER2JCS]

Who is the ''debt collector'' please?

If no payment or written acknowledgement has been made on the debt for 6 clear years it is statute barred and cannot be enforced in court.

So send the following to the Compliance manager of the DCA.,

 

 

 

Sir/Madam

 

Ref: if the collector left a ref: use that.

 

I refer to a visit to my home by a representative of xxxxxxxxxxxxxx who unlawfully discussed an alleged debt to GE money with a relative of mine, please be aware that I do not acknowledge any debt to xxxxxxxxxx or any company it may claim to represent, also I shall be reporting this conduct to the ICO and the OFT regarding breaches of the Data Protection Act 1998 and the OFT Guidance on Debt Collection 2003 updated Nov.2012.

 

Further to this disgraceful visit I not reviewed my credit history and have concluded that any such alleged debt is STATUTE BARRED and therefore I will NOT make any payment or offer of payment now or in the future.

 

I am fully aware of the OFT Guidance on Debt Collection and the sections regarding the pursuit of statute barred debt, and would remind you that if (name company) wishes to dispute the status of the alleged debt the onus of providing unequivocal proof that the alleged debt is not statute barred lies entirely upon the company.

 

I am also aware that the OFT guidance comments on the ''sale of statute barred debt without informing the purchaser of the status of the debt.

 

I now require xxxxxxxxxxx to cease processing all data relating to me and to remove it from its records immediately.

 

This is my final response.

[2Grumpy]

Not to mention that the DCA shouldn't have discussed this with anyone but the OP. That's also attempting to put pressure on the alleged debtor, embarrass them into paying as well as the DPA breach.

[Conniff]

just to clarify....

 

NEVER EVER hand over money to a DEBT COLLECTOR at your door.

 

that goes to anyone else too reading this WHATEVER the debt

 

 

dx

 

..

[Eponine]

Thank you so much for anyone who has replied, I am grateful for any info or advice on this matter.

 

The collection man gave a card saying Credit Security Ltd? address says the old court house, high st, whitchurch, bucks.

[dx100uk]

you really need to contact those I mentioned

 

they are NOT allowed to do that.

 

dx

[Eponine]

Thanks, sorry to sound a bit thick but I have never had to deal with anything like this before. What should I do, should I report what happened to oft?

[DonkeyB]

It would help if you knew a bit more. I find it unlikely that he would be collecting on behalf of GE – they sold a lot of accounts to Santander. So he probably misled you anyway.

 

Credit Security will be collecting on behalf of the creditor, and the creditor remains fully responsible for their agent’s activities.

 

Can you record calls?

[dx100uk]

now a man turned up at 8pm last night and spoke to a relative claiming I owe money to GE Capital from a 2000 account/store card,

and that the last payment received was in 2002.

 

tell the oft

 

he KNEW the debt was statute barred but tried to fleece you

 

dx

[BRIGADIER2JCS]

Get that letter sent asap!!!

 

See post 4#

Edited June 5, 2013 by BRIGADIER2JCS

[ScarletPimpernel]

The first thing is to write to CSL:

 

Dear Sirs

Ref: (their ref)

 

FORMAL COMPLAINT

 

On (date), an individual called at my home whilst I was out. He spoke to a relative, and having identified himself as working for yourselves, discussed details of an alleged debt that he claimed I owed with my relative. He left a card with his contact number.

 

In a subsequent telephone conversation with the collector, I advised him that the debt was statute-barred; his response was to laugh at me and say that CSL would take legal action against me. I said that no further visits should be made in relation to this matter; Mr XXXXXX stated that CSL could visit if they wished.

 

I consider the actions of your employee to be wholly inappropriate.

 

I am aware that the Office of Fair Trading, in its Debt Collection Guidance (compliance with which is a condition of your consumer credit licence), considers that discussing details of a debt with a third party is an unfair practice; this is also a breach of the Data Protection Act 1988. Failing to take account of a debtor's wishes with respect to methods of contact is also an unfair practice. Threatening legal action that cannot be taken is an offence under the Consumer Protection from Unfair Trading regulations. You are to treat this letter as a formal complaint about your breaches of the law and OFT Guidance.

 

By way of resolution, I require you to send me a copy of your complaint procedure without delay; to provide an undertaking that you will comply with your obligations fully and properly in all further dealings with me. Specifically, I require you to communicate only in writing. I also require you to provide me with your proposals to compensate me for the stress and anxiety caused by your failure to comply with your obligations.

 

In respect of the alleged debt, I consider it to be statute-barred, and no payment will be forthcoming. I will treat any further demand for money in respect of this matter to amount to a further breach of the OFT Guidance, and to be harassment.

 

Take notice that if I have not received a satisfactory response within 15 days, I will make formal complaints to the appropriate authorities, and escalate the complaint to the Financial Ombudsman Service.

 

If you do not understand any part of this letter, you should seek professional advice.

 

Yours etc.

[Ell-enn]

Nice one Scarlet

[Eponine]

Thanks everyone. Unfortunately I dont really have more information, all he said was it was GE Capital, debenhams account/store card from 2000, last paid in 2002. He offered no more info and didn't say who the creditor was other than that. He said they were trying to help people pay off debts etc, and he sees 100's of people. That was about it, as I said, I told him it would have to be done properly through legal channels as I paid off all debts years ago and have no knowledge of the debt he was on about.

The conversation ended with him saying he would refer it back to the company and no hard feelings. I just said ok bye.

 

I will send the letter to credit security ltd at the address on the card.

[Staraker]

Thank you so much for anyone who has replied, I am grateful for any info or advice on this matter.

 

The collection man gave a card saying Credit Security Ltd? address says the old court house, high st, whitchurch, bucks.

 

That'll be this lot:

 

http://www.creditsecurity.co.uk/

 

Presumably the caller wasn't as gorgeous as they will have us believe their staff are...?

[BRIGADIER2JCS]

Who is the ''debt collector'' please?

If no payment or written acknowledgement has been made on the debt for 6 clear years it is statute barred and cannot be enforced in court.

So send the following to the Compliance manager of the DCA.,

 

 

 

Sir/Madam

 

Ref: if the collector left a ref: use that.

 

I refer to a visit to my home by a representative of xxxxxxxxxxxxxx who unlawfully discussed an alleged debt to GE money with a relative of mine, please be aware that I do not acknowledge any debt to xxxxxxxxxx or any company it may claim to represent, also I shall be reporting this conduct to the ICO and the OFT regarding breaches of the Data Protection Act 1998 and the OFT Guidance on Debt Collection 2003 updated Nov.2012.

 

Further to this disgraceful visit I not reviewed my credit history and have concluded that any such alleged debt is STATUTE BARRED and therefore I will NOT make any payment or offer of payment now or in the future.

 

I am fully aware of the OFT Guidance on Debt Collection and the sections regarding the pursuit of statute barred debt, and would remind you that if (name company) wishes to dispute the status of the alleged debt the onus of providing unequivocal proof that the alleged debt is not statute barred lies entirely upon the company.

 

I am also aware that the OFT guidance comments on the ''sale of statute barred debt without informing the purchaser of the status of the debt.

 

I now require xxxxxxxxxxx to cease processing all data relating to me and to remove it from its records immediately.

 

This is my final response.[/QUOttTE]

Get this away today.

[DonkeyB]

Ha ha – their website invites you to address complaints to...

 

How do I make a complaint?

 

Despite our best efforts, sometimes things can go wrong. If you feel you have cause for complaint please write with full details to;

 

Concerns Department, Credit Security Limited, The Old Court House, High Street, Whitchurch, Bucks., HP22 4JS

 

Your concerns will be dealt with immediately and one or our trained advisors will keep you regularly updated as to progress.

[Desperate Daniella]

That'll be this lot:

 

http://www.creditsecurity.co.uk/

 

Presumably the caller wasn't as gorgeous as they will have us believe their staff are...?

 

If you looked as bright and shiny as that, would you be working for them?

[spartathisis]

Check out the address on google maps & streetview, it points to a closed down pub! The address of the main director is at a residential address inhabited by about 30 people.

 

Had a first letter from them through HSBC, sent them packing quick time, set of nomarks methinks.

[Staraker]

Check out the address on google maps & streetview, it points to a closed down pub! The address of the main director is at a residential address inhabited by about 30 people.

 

No, it's not the ex-pub, but rather the somewhat nicer looking building a few doors to the "left"/north, as per Figure 26 in the local architectural listing document here:

 

http://www.buckscc.gov.uk/media/130604/whitchurch.pdf

 

It says it is 'now a single residence'. Not being cynical, but I do wonder whether choosing an address with a name like that is deliberately misleading....

[spartathisis]

No, it's not the ex-pub, but rather the somewhat nicer looking building a few doors to the "left"/north, as per Figure 26 in the local architectural listing document here:

 

http://www.buckscc.gov.uk/media/130604/whitchurch.pdf

 

It says it is 'now a single residence'. Not being cynical, but I do wonder whether choosing an address with a name like that is deliberately misleading....

 

Ahh, I can see the car park at the back with the cars in. The pub looks like it would be a good buy, pity I cant get credit