Being Harrassed by Agency

[wycombemariner]

Can't remember the name of the top of my head, but i'm getting letters daily from a debt collection agency. They say I owe £1600 to Barclays Bank from when i lived in sunderland.

 

All the details they have on me are wrong. I have never had any account of any kind with barclays.

 

The very first time i called the little scroat on the other end dropped himself in it by telling me that as the debt was 9 years old they couldn't take me to court. He also agreed that as i was disputing that its my debt at all, that it is up to them to provide the proof. He then told me that as it was 9 years old they had no chance of getting any proof.

 

Since then they have continued to send me letters.

 

i called up on friday and said if i recieve one more letter than i was taking them to court for damges for harrassing me.

 

Is all of the above correct? do they have to prove its my debt? Can they take me to court? Can i sue them?

[LondonPam]

They must prove the debt is yours. You could send them the following if they now own the debt (from Debt Help UK : Free debt advice and solutions, with debt consolidation | UK debt consolidation service with free help and advice ) :-

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

 

There are various other templates that can be used depening on what they send you back.

 

Good luck.

[lookinforinfo]

This is what the OFT have to say about statute barred debts from "Debt Collection

Guidance 2003".-

 

it is unfair to mislead debtors as to their rights and obligations, e.g. falsely

stating or implying that the debt is still legally recoverable and relying on

consumers not knowing the relevant legal provisions, and

· 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.

 

So by continually writing to you have the statute that they are in breach of.

 

Further, they can be accused of unfair practices by-

not ceasing collection activity whilst investigating a reasonably queried or

disputed debt. in breach of the Consumer Credit Act 1974 section 25 [2][d] and

possibly a further breach of that same act and section number by-

 

 

sending demands for payment to an individual when it is uncertain that they

are the debtor in question, e.g. threatening debt recovery action to 'the

occupier' or sending a payment demand to all people sharing the same

name/date of birth as a debtor in the hope that contact with the correct debtor.

 

All those breaches in the eyes of the OFT are indicative that the company are not

fit and proper persons to hold a Consumer credit Licence and no licence means

they cannot work as a dca.

 

Up to you-you can write to them advising them of their breaches wiith the

threat of taking them to Court or reporting them to the OFT or both. If they

continue after they receive your letter, they could then be in serious trouble,

especially as it appears that you do not owe the debt in the first place.