they've taken my £1.00 CCA fee as payment on the debt i dont acknowledge!

[nearlyoldwoman]

last week out of the blue i recieved a letter from link saying i owed £344.00 (roughly) i instantly phoned them to see what this was about and apparantly it was for an old credit card debt with bank of scotland. Now i do remeber that and i paid about £700.00 to them and i'm pretty sure they said they'd write the rest of the amount off, anyway long time ago, cant be sure, so Link said the last payment i made was in aug 2000, and i've never heard anything about this for 5 years and now i get this letter. so the other day i sent them £1.00 and a letter asking for a copy credit agreement. (rec del of course) just come home to the phone ringing and some irate man form link shouting down the phone at me, firstly telling me the fee is £5 not £1 then declaring they dont think they have the CCA and i'd better just forget asking for it cos they aint got it and they gonna start putting charges on the £344. etc etc, he was quite abusive and i tried getting off the phone several times while he was ranting. I cant belive i owe this money, jesus its been like 5 years!! any ideas fellow FM's on what i do next. (i was thinking to just send the other £4 and request again the CCA) oh yes he said that it doesn;t matter about CCA as its on my credit file that i owe them?? so i dont need CCA. i love the way they get so aggressive and threaten to take me to court, i felt like blowing him a kiss down the phone and saying Happy Valentine Tiger!!!! grrr

[gizmo111]

If the last payment you made was Aug 2000 and you haven't acknowledged the debt in writing up to aug 2006, and there was no CCJ - then it is statute barred and he can shouut as much as he likes - check your credit file to make sure thy haven't put another default on it.

[nearlyoldwoman]

If the last payment you made was Aug 2000 and you haven't acknowledged the debt in writing up to aug 2006, and there was no CCJ - then it is statute barred and he can shouut as much as he likes - check your credit file to make sure thy haven't put another default on it.

 

can they put another default on it? so if i get a copy of my credit file and they have put another default on it what should i do next? phew i'm still shaking, also when i originally phoned (never did 141 first but i told them i'd phone back and refused to give them my number telling them i didn;t want them to phone me! doh! they've phoned, obviously my number came up. tut)

[Seminole]

Do you have phone recording equipment? If so get them to repeat their wildly and willfully inaccurate assertions and pass a copy on to Trading Standards.

[Loulie]

Hi,

 

I had a problem with Link in the middle of last year. They phoned regarding a loan from 1999 which they were saying had never been paid. Luckily, I am a hoarder and keep everything so miraculously managed to find a letter from the loan company in Nov 2000, confirming that the loan had been repaid in full. This wasn't enough for them though, they said I had to prove that I had paid it, which I found impossible after 6 years. Anyway, they made all kind of threats to me, told me that I had a default against me (which I havent), which would effect my current job and any future jobs I may go for, I would get a charge against my property and so on. I was really really shaken up by it - plus it was before I was aware of this site (which would have helped me hugely). Anyway, I basically wrote to them and asked them to prove that I hadn't paid it, rather than me proving that I had, considering I had the original letter saying it had been cleared. They continued to harass me by phone so I wrote asking them to remove my number from their records and not to contact me by phone which to be fair, they have adhered to - and I have never heard anything since!! I have waited for some time to pass as even though I knew it had been cleared, I also wanted to wait for the 6 years to be up from the date they claim the last payment was made, but my dad is going to go try to take it further due to the amount of upset it caused me. Anyway, my point is, I would ask them not to contact you by phone and as Gizmo said, hopefully it is statute barred anyway.

[nearlyoldwoman]

Hi,

 

I had a problem with Link in the middle of last year. They phoned regarding a loan from 1999 which they were saying had never been paid. Luckily, I am a hoarder and keep everything so miraculously managed to find a letter from the loan company in Nov 2000, confirming that the loan had been repaid in full. This wasn't enough for them though, they said I had to prove that I had paid it, which I found impossible after 6 years. Anyway, they made all kind of threats to me, told me that I had a default against me (which I havent), which would effect my current job and any future jobs I may go for, I would get a charge against my property and so on. I was really really shaken up by it - plus it was before I was aware of this site (which would have helped me hugely). Anyway, I basically wrote to them and asked them to prove that I hadn't paid it, rather than me proving that I had, considering I had the original letter saying it had been cleared. They continued to harass me by phone so I wrote asking them to remove my number from their records and not to contact me by phone which to be fair, they have adhered to - and I have never heard anything since!! I have waited for some time to pass as even though I knew it had been cleared, I also wanted to wait for the 6 years to be up from the date they claim the last payment was made, but my dad is going to go try to take it further due to the amount of upset it caused me. Anyway, my point is, I would ask them not to contact you by phone and as Gizmo said, hopefully it is statute barred anyway.

 

great thanks for that, i did ask him if the call was being recorded and he said all calls were (i was surprised cos not often you get them shouting, aggressive now etc) unless he was lying, the 6 years will be up in aug but i'm worried that they will start adding stuff on etc. i mean i cant prove that i dont owe it, but they said they can prove i can simply by it being on my credit file? hopefully getting a copy of that today as i think its time to update it and get all the defaults removed from years ago!

[nearlyoldwoman]

ok, briefly;

 

sent £1.00 to link for CCA, they phoned (on 14th) to tell me they needed £5.00, so i've since sent the extra £4.00, now i have received letter from them (dated 14th) and this is what it says;

 

YOUR REQUEST FOR INFORMATION

 

Sections 77 and 78 of the consumer credit act 1974

 

These sections do not apply to your account. This is because Sections 77 and 78 only apply to "matters arising during the currency of...agreements". Since the agreement relating to your account has been terminated (for non-payment) the agreement is no longer "current".

 

YEP, thats it word for word, i haven't the foggiest what it means?

ps this is for £344 for an old C/C with BOS, i believe BOS were gonna write the outstanding amount off as i paid so much back on it, last payment was aug 2000, never heard a peep from anyone since (until 2 weeks ago).

 

any info from you would be very gratefully received!!

[gizmo111]

ok, briefly;

 

 

YEP, thats it word for word, i haven't the foggiest what it means?

ps this is for £344 for an old C/C with BOS, i believe BOS were gonna write the outstanding amount off as i paid so much back on it, last payment was aug 2000, never heard a peep from anyone since (until 2 weeks ago).

 

any info from you would be very gratefully received!!

 

Well if you made no payments or acknowledgeddebt in writing up to Aug 2006 it is statute barred and unenforceable anyhow.

[nearlyoldwoman]

Well if you made no payments or acknowledgeddebt in writing up to Aug 2006 it is statute barred and unenforceable anyhow.

 

 

OMG, why do i feel like a total moron! of course it is!!! doh, i was thinking it was only 6 years in aug 2007! i'm kicking myself now, ha ha, bet i know who will be kicking themselves!!! ho ho ho.

[payingonlyencouragesthem]

These sections do not apply to your account. This is because Sections 77 and 78 only apply to "matters arising during the currency of...agreements". Since the agreement relating to your account has been terminated (for non-payment) the agreement is no longer "current".

 

If the agreement is no longer "current" then you are no longer bound by it. And yes it's too old to enforce. Be careful they might be trying to trick you into re-setting the 6 year Statute Bar clock. I wouldn't enter into any further correspondence with them AT ALL.

[gizmo111]

If the agreement is no longer "current" then you are no longer bound by it. And yes it's too old to enforce. Be careful they might be trying to trick you into re-setting the 6 year Statute Bar clock. I wouldn't enter into any further correspondence with them AT ALL.

 

The 6 year clock can only be reset within the 6 year limit - once a debt is statute barred it remains statute barred.

For example had the OP acknowledged the debt in July 06 then they would have had till July 2012 to enfoce it, had she acknowledged in Sept 06 then it is already statute barred and cannot be restarted.

[nearlyoldwoman]

thanks for your help (as always) so you think i should just not correspond at all? i was thinking of sending them the Statute Barred letter along with a demand for my fiver back!

[nearlyoldwoman]

The 6 year clock can only be reset within the 6 year limit - once a debt is statute barred it remains statute barred.

For example had the OP acknowledged the debt in July 06 then they would have had till July 2012 to enfoce it, had she acknowledged in Sept 06 then it is already statute barred and cannot be restarted.

 

ta for that, they only contacted me only 2 weeks ago and i told them on the phone and in writing they i did NOT acknowledge the debt at all!

[payingonlyencouragesthem]

The 6 year clock can only be reset within the 6 year limit - once a debt is statute barred it remains statute barred.

For example had the OP acknowledged the debt in July 06 then they would have had till July 2012 to enfoce it, had she acknowledged in Sept 06 then it is already statute barred and cannot be restarted.

 

That's interesting Gizmo - I have seen other postings here saying it can be re-started after 6 years if you admit to it. Are you sure?

[gizmo111]

That's interesting Gizmo - I have seen other postings here saying it can be re-started after 6 years if you admit to it. Are you sure?

 

 

Absolutely sure - that is what The Limitation Act is all about -

[nearlyoldwoman]

soz, this is rushed, off to do the school run in a mo

 

posted a little earlier, anyway just had a very harrasing call from LINK (real) or rio i think he was called. i sent them a letter which they recieved by rec del and i clearly stated on it not to phone me ever again (i took it off the template here) as i didn;t acknowledge debt, been over 6 years! so its statute barred anyway, but i got confused over dates so i sent in my money for CCA,

the reason they phoned was they wanted me to send in to them LINK, some id before they'd give me a CCA, i calmly explained that its been over 6 years since this account has had a payment or correspondence and so its statute barred, i told him not to phone me again (as my 4 year old was shouting in the background), i dont owe this money and can they refund me my £5.00 that i sent for the CCA, he went totally mental, shouting etc, i reminded him that i put it in writing that i didn;t want any more calls etc and he said that they wouldn;t stop phoning unless i paid up!! he said he was gonna phone again tonight!!!! i hung up, soooo shaking like a leaf, where do i complain about this, total harrasment!

 

incedently he said the 6 years didn't count cos they only got the debt in 2001 (like what a load of old Sh*t)??? whats he on about?

can someone point me to a complaint letter please?

 

i'll be back after the school run

[PriorityOne]

You can get a recording device from Maplins (online) I believe, for £9.99.

 

Even if you don't wish to buy one, it might be worth mentioning to him something like :

 

"I have to inform you that this 'phone call is being recorded, in light of the fact that you have ignored a recorded delivery letter to stop contacting me by 'phone, do you still wish to proceed ?"

 

You could report them to Trading Standards and the OFT, but harrassing 'phone calls are very hard to prove without requesting S.A.R - (Subject Access Request) info. (including 'phone transcripts) from them. Since it is a statute-barred debt.... I wouldn't do it.

 

The fact that they only got the debt in 2001 is their problem and not yours.. just don't acknowledge it in writing !

 

If they persist... buy the recording equipment and send the proof off to TS and the OFT.

 

[nearlyoldwoman]

thanks, i've calmed down a little now (i've never in my life been shouted at like that by a company) i'm really surprised at them!

[nearlyoldwoman]

also why do you think they were asking me to send my ID to them? (thats what they asked first) they said to proceed with the CCA request i had to send them some ID? anyone heard of this at all? do they really think folk would do that? i might be a bit dizzy but i'm not as green as i'm cabbage looking!!!!

[DanP1973]

Just ask them why they would need proof of ID for a CCA? As they didnt seem to need it when the contact you to claim you owed them money.....

[PriorityOne]

thanks, i've calmed down a little now (i've never in my life been shouted at like that by a company) i'm really surprised at them!

 

More of us are becoming aware of our rights and the procedures that should be followed before companies can collect from us. I don't think these people are used to coming up against much resistance... some may work on commission.... hence the rudeness.

 

Don't send them any i.d. They should have been certain of your identity before requesting payment from you in the first place. They didn't request i.d before being rude, did they ? Of course not. If the debt is not yet statute-barred, they could be pushing for a re-acknowledgement. Have nothing to do with them, unless you want to see how they react to your news of having recording equipment. If the debt is already statute-barred, it's not your problem any more.

 

[nearlyoldwoman]

sorry for multiple postings, the other threads i've done today are at the bottome of this page (if i've done it right) just reread the silly letter i received today about not giving me the CCA etc and noticed the amount i owe them is now £1.00 less (i was scared they might do something sneaky like this!) i used the template from the forum to request the CCA and it quite clearly stated the £1.00 fee is for the CCA payable under the consumer credit act. I'm sooooo mad. they had also asked for a further £4.00 which i sent and i made that clear too it was just the fee for the CCA not payment as i didn't acknowledge the debt. ggrrrrr.

 

anyone give me words of wisdom on this?

 

(harrassed mum of child who has lost her 1st tooth today!!!!)

[nearlyoldwoman]

doh! heres the links

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/66412-im-being-harrassed-how.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/66382-received-letter-re-cca.html

sorry

[diskmandave]

sorry for multiple postings, the other threads i've done today are at the bottome of this page (if i've done it right) just reread the silly letter i received today about not giving me the CCA etc and noticed the amount i owe them is now £1.00 less (i was scared they might do something sneaky like this!) i used the template from the forum to request the CCA and it quite clearly stated the £1.00 fee is for the CCA payable under the consumer credit act. I'm sooooo mad. they had also asked for a further £4.00 which i sent and i made that clear too it was just the fee for the CCA not payment as i didn't acknowledge the debt. ggrrrrr.

 

anyone give me words of wisdom on this?

 

(harrassed mum of child who has lost her 1st tooth today!!!!)

 

They're taking the p**s! WAIT and let them commit an offence, don't get mad, keep meticulous records. Never speak to these people on the 'phone, keep a papertrail, always by recorded delivery. Always send the maximum statutory fee and never send more, reply to requests for more with "i've already sent you the statutory maximum fee"! Keep it bussiness like.

 

The longer they take the p**s the better it is for you! These tactics are simply to get you mad like you say you are! These people are trained to get you mad.

 

Simply stalling tactics. When their time is up tell them, and not before!

 

Best of luck, Dave.

[joneshousehold]

I'm sure I read on another thread that someone else had refused to provide ID but reminded a DCA of their obligations to supply a copy agreement under CCA. The main concern was that the DCA would try to reproduce an agreement with a signature copied on to it. I would look around on the forum to see if anyone else has had similar problems. Once you have the bairns in bed and the tooth fairy duty is done, get yourself a big drink and start trawling through the posts. I would suggest the debt group is the best place to start.

Good luck