Global Debt Recovery Ltd

[NailPost]

A screen print of the information they hold on you is not a true, signed copy of the credit agreement they allege exists. They may well have information to suggest you made payments and this could persuade a judge to order you to pay but they would have their difficulties, especially as the clock is ticking down to the 12 day working day limit when they default (this may already have passed) and the calendar month when they commit a criminal offence.

 

I cannot see any debt collector going before a judge admitting they do not have documents, admitting being in default of a CCA request and then asking money. It would be like turkeys voting for Christmas. The judge would probably grant their application on the balance of probabilities but would have stern words to say about their methods. He may not award costs for instance and you could ask him to make directions how they could purge their contempt of the CCA request.

 

The most likely scenario is that GDR will return this to FV-1 and another debt collector will have a go.

 

You could ask GDR for a statement of account and based on what they tell you make a full and final offer of payment well below the sum they are demanding - somewhere between 10-20%. If you decide to do that make sure you get everything in writing and make the payment through a third party - friend, relative (not same surname) or even a solicitor.

 

When all is settled report them to the OFT for refusing to disclose details and the address of the creditor.

[vandermerwe]

How's it going Smashed Bobo?

 

I'm pretty new to this but suggest you install an answering machine and 'caller display'

 

NEVER answer 0870 or similar calls;

 

DO NOT answer numbers you do not recognise;

 

If you miss a call (I use a '6 ring answering machine') use 1471 to see who was calling;

 

Deal ONLY in writing and keep a copy - after all your phone calls will be "recorded for quality and training purposes";

 

Finally, remember the monkeys that call you are paid peanuts in commission and are probably Guantanamo Bay goons who didn't make the grade.

[winny14]

hi smashedboo,

any update from global?

i'm dealing with these also re a tsb loan and have had the same standard letters you have received.

vandermerwe is right to mention phone calls to you, never deal with these via the phone no matter what they send, you need a paper trail showing everything you request and their response, or lack off.

i will watch your thread with interest as i'm sure we'll be receiveing the same letters from them,

good luck

[smashedbobo]

Hi, thankyou for to everyone for the advice. I have not heard a word from them since i received the screen print from them. I am aboyt to report them. But not sure how, and to who and what to write or say. Any more will would be appreciated. I am keeping a papertrail. And dont answer the phone unless i know who it is. Lloyds Tsb are sending me all info requested from Sar. And after reading threads reclaiming beyond 6yrs i might just have a go. In fact if i could reclaim it would be worth about 10,000 to me. I have been sitting fretting on all of this. In fact i would say i am scared sh1tless. sorry guys. Hope i am not the only one who feels like this sometimes xxxxxxxx

[dencha]

Send copies of everything with a covering letter with regard to defaults and offence committed to your local Trading Standards and for good measure to Globals' local Trading Standards.

 

Check your credit rating to see if they have put any defaults on and begin the process to have them removed if there are any.

 

In reference to a previous post by Nailpost I would have to disagree. If there is no legal CCA with the prescribed terms and conditions then not even a Judge can enforce it. It is a statute requirement and without one you have nothing to pay.

 

I CCA,d Global as soon as they took over an old debt and have heard nothing since and long may it continue.

 

dencha

[lozaroo]

Hi

 

Have been reading your trouble with Global and whilst in work today i have received a voicemail on my mobile from them. They are asking me to ring and quote a reference number, when i rang the number I found that it was a debt recovery agency. As I have been reading the problems that other people are having I don't want to end up in the same boat. This is the first time I have heard from them and am more than a little worried. I am upto date with the debt I have and the only one that I can think of is a debt that I had with Abbey National which was back in when I was 21 I will be 28 in 2 months so think that this debt is 6 years old.

 

I am posting this note to see if anyone on the forum can offer me any help or any advice on what to do Should I ring or just ignore them.

 

Thanks

[PriorityOne]

Hi

 

Have been reading your trouble with Global and whilst in work today i have received a voicemail on my mobile from them. They are asking me to ring and quote a reference number, when i rang the number I found that it was a debt recovery agency. As I have been reading the problems that other people are having I don't want to end up in the same boat. This is the first time I have heard from them and am more than a little worried. I am upto date with the debt I have and the only one that I can think of is a debt that I had with Abbey National which was back in when I was 21 I will be 28 in 2 months so think that this debt is 6 years old.

 

I am posting this note to see if anyone on the forum can offer me any help or any advice on what to do Should I ring or just ignore them.

 

Thanks

 

Never p'hone a DCA !! At this stage, ignore them. If they 'phone back... do not get into conversation with them. If you suspect that it's a debt that's near to being statute-barred, do not acknowledge it in writing :o !! If you get any kind of letter from them, come back on here immediately.

 

[lozaroo]

HI

 

Thanks for your reply. I received a letter from the today, it is for a debt that is even older than the one I mentioned in my last posting.

 

Dear .......

We are today appointed as agents for the collection of the above debt.

 

You should now therefor remit the full amount due without further delay in order to prevent possible further action which could involve legal costs and further credit being refused to you.

 

Should you wish to discuss this matter you should contact us IMMEDIATELY

Telephone 0208 336 7242

 

Yours sincerely

 

Collections department.

 

I have written the letter out to you for you to have a look. There isn't even a name that the letter is addressed from. I have never spoken with this company and do not even know how they have got my mobile telephone number as I am very careful as to who I give it out to.

They say that the debt is for £1,536.70

 

I look forward to your help as I am very confused as you can imagine.

 

Thanks

 

Lozaroo

[lookinforinfo]

Lozaroo, do not respond to it. Any reputable collection company would use

their own headed paper.

 

If you have not already done so, obtain copies of your crdit file from the

three Credit reference Agencies. You will then see if that debt appears on them. If not, then you can be prety sure that the debt is either statute

barred, or they have the wrong person.

[lozaroo]

Hi

 

Sorry to be a bit dim, can you please let me know who the 3 credit agencies are so that I can get my credit files from them.

 

Cheers

[lookinforinfo]

You're not being dim at all. Experian, Equifax and Call Credit are the three-if

you google them,that will get their addresses-you can usually order them online.

[Bearslady]

Hi everyone

 

Just to let you know, we have had a similar problem with Global. We had a letter this we saying that my husband owed Welcome finance just over 1500 pounds and that it had to be paid immediately.

 

This debt was actually satisfied through a CCJ and an attachment of earnings in 2001. The man my hubby spoke to was really aggresive when challenged. But conceeded that if we proved it with county court case and claim numbers he would drop it. Knowing we didn't owe this money we contacted the courts and Welcome finance - who both confirmed that no money was owed. So armed with this information my husband contacted them today with all the information. The man was again aggressive saying that this was not proof of the debt being paid and that he was going to take him to court. furthermore, not to ring the office anymore.

 

Due to this reaction from him, and the fact that I know we are in the right I have reported this company to the police for fraud (This is after legal advice from someone in the legal profession)

[NailPost]

Reporting the matter to police is one and you should make sure you get a crime number and badger the cops for information and details about what they have actually done about. Try and get the name of the investigating officer if you can.

 

But you should also report these scumbags to the financial ombudsman. Write to Global and tell them you are unhappy with their level of customer service and you wish to instigate a complaint and want details of their complaints procedure. They are obliged to have one, to send you the details and try and resolve the matter within 8 weeks.

 

If they ignore/refuse your request for details you go straight to the FOS adding their refusal to deal with a complaint on top of the attempted fraud.

 

If they send you the details follow the steps carefully and if you don't get any joy at the end shop them to the FOS.

[martyn12d]

I am also having trouble with these clowns.I had an account with Lloyds 1993-1995 due to the precarious nature of my employment I was advised to pay a small premium to protect my overdraft.When I became redundant I claimed on this, G.D.R. are now threatening me to pay original amount plus interest unless I provide details of insurance from Lloyds d.r.c. What does statute barred mean?

[martyn12d]

I think I understand "statute barred" now, should I write to G.D.R. as contacting the bank might compromise my position if there has been some problem with my insurance claim? Thanks.

[Retch]

There is a time period that financial companies have in order to recover unpaid debts. The time period for unpaid debts depends on the circumstances. But in most cases it is 6 years. After that 6 year period, a debt CANNOT be recovered by legal action. This is a statued barred debt. Most of this can be read about in the Limitation Act 1980.

http://www.lawcom.gov.uk/docs/cp151apa.pdf

Pay particular attention to:

Section 5: Time limit for actions founded on simple contract

Section 30: Formal provisions as to acknowledgments and part payments

Section 32: Postponement of limitation period in case of fraud, concealment or

mistake

The limitation period for debts starts when the company sends you the FIRST demand letter. Even if the demand letter is sent to your previous address. Some companies, like Global, are particularly clever at trying to use the fact that you didn't tell your bank you moved address, as an excuse to RESTART the limitation period. They may try to point out over the phone that you deliberatly didn't tell your bank. Essentially these people will try to call you a thief and a liar to get money from you that they CANNOT legally challenge in a court. Refer any phone calls to your correspondence. Note that although the debt actually exists, the collection company can actually try to persuade you to pay anyway. What they CANNOT do with statued barred debts is:

Proceed with court summons.

Register debt with credit reference agencies.

Harrass you by letter or phone for money.

Call at your home or place of work without prior consent.

Harrass a third party (spouse or partner), for money.

If you receive ANY letter from a company asking you for money for debts you think are very old, 1994-2000 etc, under no circumstances should you aknowledge the debt. Just say that your reply is in the post:

To

Global Debt Recovery

Ref: *********

Account No: *************

Dear Sir/Madam,

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of 6 years from the date on which the cause of the action accrued."

I would also point out that the OFT says 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 correspondence/payment/acknowledgement or payment of this debt was made over 6 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 1980, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that, "continuing to press for for payment after a debtor has stated that they will not be paying the debt because it is statued barred could amount to harrassment contrary to Section 40 (1) of the Adminstration of Justice Act 1970"

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply,

Yours Faithfully

If you get a reply, with evidence, take it to your local citizens advice bureau for further advice.

[Tigerfish]

i too have had a very similar situation to the above, i also shall folo the advice given.

 

the orig letter went to my neighbour from Tower Investigations and just asks u to ring 08008774900 to assist with a matter. like a mug i rang it, even told em they had wrong address DOH. they work for Global Debt Recovery reg no is england 2597906 from new malden surrey. tried to trap me into signing agreement to restart the time clock. will post the letter if i work out how to. yes, old lloyds debt from 1997-2002 which i am almost sure was paid.

[martyn12d]

Thank you Retch pretty much as I thaught

[lordmukit]

Hi All,

 

I have been sent some letters from Mortimer Clarke Solicitors on behalf of FV-1 Incorporated for a debt i have not heard of. I have sent a request for CCA by recorded delivery but no reply as yet. Suddenly I get a charge for this debt on my property. I am complete novice, I do not know what to do, please help!

[spamheed]

I think you need to start your own thread on this LM, so that people will be able to assist you more fully you will need to go into a little more depth on your circumstances.

[lordmukit]

Hi,

 

Can someone please give me a step by step guide to getting to CCA, SAR and PPI and the process to getting the debt off the credit file.

[Mediamanuk]

Hi

Sorry if this is in the wrong section. Could someone point me in the right place if it is.

History:

I had a loan in 94, redundant in 95/6 and could not afford loan (TSB insurance i was paying for decided that it was not valid to pay on a redundancy!!!). GLOBAL DEBT RECOVERY contacted me in 1997 but i had moved to america and ignored it.

 

Came back to the UK in 2000, i brought my first house back here in 2006. 2 weeks after being in the new house i got a letter saying please contact us. Not knowing what it was i called the number and admitted that i had the loan way back when as i did not want to loose the house.

I asked them to provide proof of the tsb loan, they gave me reference numbers but were quite intimidating on the phone. TSB said their records did not go back that far.

 

Because i did had the loan and the new house/baby i asked for a payment plan from Global Debt Recovery (i know i should have not said anything and denied all knowledge now - too late for that) I pay £10 a month for the last 20 months, never been late, never missed a payment.

 

3 weeks ago i got a letter:

 

"Client FV-1, inc

Debt Due £2090.40

While reviewing your account today we found that we may be able to offer a reduced settlement figure on behalf of our client FV-1, inc.

For further information call...."

 

I ignored it as i can sit and wait to pay them after how they treated me in the first place (and as i presume, this is a brought debt?).

 

Today i get a call with a guy that totally intimidated me and shook me up.

He said the client had decided it was going to take 17 years to pay back the money and that they want to increase payment. The conversation went on a lot more than that and he was very intimidating. The call must have lasted 20 minutes.

 

It ended with him saying they were taking me to court and they would seek in the meantime all my bank statements and accounts etc.

 

I was shaken and i can only imagine this having a devistating effect on someone else! my mum for instance.

 

Does anyone know my position here, they agreed on the £10 per month, i dont miss payments, Can they legally make me up my payments? Can they really take me to court? Do i need to see someone like CAB or complain to the ombudsman?

I have the guys name who made the call and his number.

 

Any help on this matter much appreciated

[NailPost]

After six years a debt is statute barred, nothing can unbar it not even starting to make payments. You would be well within your rights to ease payments.

 

Send these leeches a letter telling them to provide all the necessary documentation to prove this debt is collectable. If they don't comply start complaining - first to them and then, if you don't get a solution, to the Financial Services Ombudsman.

 

It is important for you to stop worrying about this load of timewaters. They have far more to fear from you than you have of them. They are bluff and bluster and will bully their "clients" if they are allowed to. But if you turn the tables on them, using the law as it stands, you can make them scurry for cover under the nearest stone.

[Durt]

Nail, you are slightly wrong about the Limitations act. But there is more to learn about global and tower. I have info.

[Mediamanuk]

Durt, do tell.

Ive had a letter yesterday - true to the thugs word.

The letter states they now have authority from their client to start with litigation.

Then a lot of threats etc. Bailifs, earnings order, oral examination and bankrupcy!

Or if i call them now and settle the debt before the 18/3 they will suspend legal action.

NOW, am i missing the point. i am paying what they requested, never missed a payment of the £10 a month but now im going to court because of it?????

Im confussed and very, very angry right now.

So Durt, what is the info on global, would be very interested to know as i think im about ready to go to war...

Neil