Debt Collection agency - help please!!!

[lisajh29]

My husband has just had a letter from a Debt collection agency today. He phoned them up thinking that it was probably a case of mistaken identity (as we arent in any debt or had anything like this before). Anyway, they said they had been trying to track him down (we have lived in the same house for almost 9 years now) and that he owes £695 to a credit agency who could provide credit for (amongst other stores) Currys. They had no information on it whatsoever - H only guessing its Currys because the other stores they told him were womens clothing stores. They also said that the last payment made in 1994.

H has absolutely no recollection of this debt and they couldnt give him any information. H mentioned the 6 yr time limit but they said it was past the time limit for them to envoke court proceedings or CCJs but they can still come after him for the money. H ended up just putting the phone down on them.

I am now worried sick whats going to happen or if they are going to be bailiffs knocking at my door.

Can anyone offer any guidance on what to do next?

Thanks

[Guest ian cognito]

There will be no Bailiffs knocking at your door unless they go to court - and of course they can't do that ;-)

 

they are just trying it on in the hope that you'll pay, if they phone again refuse to speak to them on account of the fact you don't recognise the debt, they will probably go away as quickly as they appeared.

[tomterm8]

I am no longer welcome on CAG

[emma81]

You can contact PayPlan they are free debt advise for individuals they helped me, i had been tracked down after 7 years for a Capital One bill for £400, i didnt admit i owed the debt and spoke to PayPlan they told me to ignore the letters etc as there was nothing they could do, i sent them the statued barred letter and have not heard anything since! Free Debt Management company | Payplan either call them or there is an enquiry form you can fill out and they will call you back it free advise that will put your mind at rest but there is honestly nothing they can do, they cant send bailiffs round without a court order and without making an appointment which they wont so, i dont think you've anything to worry about.

[lisajh29]

phew - thats brills - thanks everyone. I will show this to my husband later and we will get the letter sent to the agency.

[djdave]

The three most important things to remember:

 

1) Do not admit to the alleged debt

2) Do not make any payments towards it

3) Keep everything in writing

 

From what you've posted it's almost certainly Statute Barred, and there's a template letter somewhere telling the DCA to back off.

 

The DCA is just trying their luck, and fortunately you're more clever than them.

 

Which DCA is it, as a matter of interest?

[lisajh29]

Its Thames Credit - they seem to be quite well known on these forums!! H has not admitted to anything because he genuinely doesnt remember it - in fact he is concerned that maybe one of his old flatmates stole his ID. Anyway the fact is that no payment was made beyond 1994. I am lookin everywhere for this 'Statute barred' template but cant find it - any pointers?

 

Thanks

[tomterm8]

I am no longer welcome on CAG

[powelll]

Remember as well that under the OFTs debt collection guidance it would be a clear breach for them to carry on pursuing you when you have stated a debt is stat. barred. So if they were to continue to chase you there are grounds for complaint...

[lisajh29]

Thats great - thanks for all the advide guys. H and I have discussed and have decided to wait and see if they contact us again and if or when they do, we will send them the 'Statute Barred' letter which I have saved to my PC.

 

Thanks again!!

[lisajh29]

HI, we had another letter from Thames Credit agency so we sent them the statute barred letter. We got the following letter today back from them:

******************************************************

Your reference to the Statute of Limitations is not relevant. We do, of course, fully understand Statute but it is very often misinterpreted by debtors and their advisors. We have neither threatened nor suggested litigation, hence it is repeated that a reference to the Act is not relevant.

 

There is no legislation that precludes a creditor from legitimately requesting payment of a debt which remains outstanding and due. Indeed, we could argue that any debtor who recognises that such a debt exists, has a moral obligation to address his responsibility. A credit facility has been provided by a bank or finance house, consequently it is up to that customer to honour his obligations.

 

GE Capital Bank has confirmed that there is an outstanding balance, currently amounting to £XXX. If you believe this has been fully repaid, would you please provide evidence of such repayment as GE Capital Bank has no record of the account being repaid.

 

If it is the case that you have simply overlooked this account because of its age, we are prepared to be constructive and apply a significant discount rather than consulting with our solicitors about potential further action. Therefore, we will accept 50% of the current outstanding balance in order to bring matters to close which we must have received payment by 03 June 07.

*******************************************************

 

So, the first paragraph, they are basically trying to undermine us by stating basically that we do not know what we are talking about and they have not mentioned any form of litigation...but then further in their letter they say that they will need to consult their solicitors about possible further action.

 

Bearing in mind too that:

1. We have just found out from this letter who the money is owed to (GE Capital) and the amount owed.

2. We still don't know what the amount owed was for (they couldn't even tell us that on the phone)

3. They have still not confirmed to us in writing when the debt was from (although we managed to find out over the phone they think its from 1994)

4. We genuinely do not know what the debt is from (Ididnt even meet my husband until 1998 - and he has wracked his brains about where he was living and what he was doing in 1994 and genuinely doesn't know what this debt is - they havent provided us with anything to even prove it is against him)

 

So what do we do now?

 

Thanks!!

[rory32]

Now you report them for harassment under The Administration of Justice Act 1970 section 40.

 

Statute Barred

 

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

[lisajh29]

Thanks for the info.

 

I don't think we can do them for harassment yet though, we used the template letter given in the post above and it does say in there that we await commuincation from them. I read through the letter we sent and it said:

"relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed"

 

I think we should have removed the word court form this as they did say that they never mentioned litigation (but are trying to focus on that). Do you think we should resend the Statute barred leter again and then state that if they continue to come after us, we will consider it as harassment?

 

Thanks

[rory32]

There's no harm in doing it - it will show you have given them fair warning.

[ScarletPimpernel]

I suggest something along these lines:

 

Thank you for your letter dated xxxx. I do not acknowledge any debt to you or any company you claim to represent.

 

My position remains that the alleged debt to which you refer would be statute-barred, preventing enforcement via the Courts. It has been made clear to you that no payment will be forthcoming. The Office of Fair Trading Guidelines on Debt Collection (which, as holders of a Consumer Credit Licence, you are required to comply with), states that attempting further collection action in such circumstances is considered an 'unfair practice'.

 

Should you contact me again in relation to this matter, other than to confirm that you will now be complying with the OFT Guidelines, I will view such action as harassment, and take steps to report you to the appropriate authorities.

[make them aktiv runners]

So, the first paragraph, they are basically trying to undermine us by stating basically that we do not know what we are talking about and they have not mentioned any form of litigation...but then further in their letter they say that they will need to consult their solicitors about possible further action.

 

The "consult solicitors" at the end is trying to undermine you into believing the Limitation Act does not stop you having to pay, ie they hope you think there is some other legislation they can rely on. It is just clever use of plain english words. In actual fact there is absolutely nothing they can do other than of course making a nuisance of themsleves.

 

I must say I like their moral speech, funny how they forget to mention that the original creditor will not benefit any payment made!

 

They do appoint "solicitors" to commence court proceedings and the "solicitor" tells you so, no surprise though that court papers never arrive! They continue their circle of doorstep collector, special discount & legal action. Rory is going to tell me off for this but I will say it anyway, comfort be the thought that their efforts make very good items for the recycling system, recycled toilet paper springs to mind as a perfect end to those imaginitive letters!

 

I would address any further letter you send to be dealt with under the "Internal Dispute Resolution Procedure" then if they continue to harrass you have the Financial Ombudsmans door wide open with a £400+ fine heading deservedly to Thames.

[rory32]

Ironically the title of the film I'm watching at the moment is "And Justice For All".

[diskmandave]

My husband has just had a letter from a Debt collection agency today. He phoned them up thinking that it was probably a case of mistaken identity (as we arent in any debt or had anything like this before). Anyway, they said they had been trying to track him down (we have lived in the same house for almost 9 years now) and that he owes £695 to a credit agency who could provide credit for (amongst other stores) Currys. They had no information on it whatsoever - H only guessing its Currys because the other stores they told him were womens clothing stores. They also said that the last payment made in 1994.

H has absolutely no recollection of this debt and they couldnt give him any information. H mentioned the 6 yr time limit but they said it was past the time limit for them to envoke court proceedings or CCJs but they can still come after him for the money. H ended up just putting the phone down on them.

I am now worried sick whats going to happen or if they are going to be bailiffs knocking at my door.

Can anyone offer any guidance on what to do next?

Thanks

 

Sorry, having seen all the replies to this.....

 

Next/every time they call or write regarding this

simply tell them to f**k off! It's as simple as that! It's Statute Barred.

 

Even if a Court Claim is issued, it has no chance of success.

 

From 1994... Give me a break!!! That's 13 years!

 

Regards, Dave.

[lisajh29]

Hi,

 

I just wanted to give a quick update and thank everyone who helped me and my husband with this situation. Basically we sent another leter simply re-iterating the debt was 'Statute Barred' and any further communication would be reported as harrassment. We got a letter in the post yesterday from Thames Credit thanksing us ofr our letter and confirming that no further action will be taken!!!

 

Hurrah!!!!

 

I didnt need this on top of everything else - we have our Court hearing against Barclays soon about Bank Charges so its one less thing to worry about!!!!

 

Thanks everyone - your help was very much appreciated!!!!

 

Lisa

[Trojan1401]

Good news.

 

Unfortunately DCAs will try this on time & time again as some people will just pay up. I suppose their view being they may as well try.

 

I bet a lot are now getting a bit P'd off now that more and more people are prepared to challenge especially with the help and support of sites such as this.

 

Good luck with Barclays...hope their profits can take it

[ODC]

Whilst its Statute barred and cannot be enforced the debt still exists and the original debtor can politely request the money. Of course you can politely tell them to F OFF

 

I know if it were me and it was statute barred no matter how poitely they asked they would get the same answer.

[diskmandave]

Just a quick excerpt from the debt collection guidance...

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

 

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be

carrying out further work on this aspect of debt recovery including analysis of

relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, 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.

 

Good luck with the bank charges

[ODC]

Just a quick excerpt from the debt collection guidance...

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

 

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be

carrying out further work on this aspect of debt recovery including analysis of

relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, 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.

 

Good luck with the bank charges

 

That sums it up in a nutshell. So the simple thing is Tell them IT IS STATUTE BARRED AND YOU HAVE NO INTENTION OF PAYING IT. You are not legally obliged to pay it and dont feel any qualms moral or otherwise about payin a halfpenny towards it. Of course talking to Thames Credit and the likes this might be too complex a statement for them so as a previous poster said just tell them to F Off.

[lisajh29]

Hi, thanks for the help guys. It wasn't just that the debt was statute barred but we genuinely don't know what the debt was for (and Thames Credit couldnt tell us what it was for) - like H said to Thames Credit on the phone, "if I walked up to you in the street and said you owed me £650, would you simply hand it over?". The debt was from before I met H and he lived in a flat at the time and had some dodgy room mates - he said he wouldnt be surprised if one of them used his name to take out credit .

Oh well, its all done and dusted now - thanks for all you help!!

[ODC]

Hi, thanks for the help guys. It wasn't just that the debt was statute barred but we genuinely don't know what the debt was for (and Thames Credit couldnt tell us what it was for) - like H said to Thames Credit on the phone, "if I walked up to you in the street and said you owed me £650, would you simply hand it over?". The debt was from before I met H and he lived in a flat at the time and had some dodgy room mates - he said he wouldnt be surprised if one of them used his name to take out credit .

Oh well, its all done and dusted now - thanks for all you help!!

Another alleged debt bought by Thames for pennies - wasted