Advice please.x

[MooseNoodles]

Ok had a couple of letters go to an old address of line from red debt collection agencies, I know this debt goes back to year 200 sometime, I am currently dealing with other debts so pushed it to the back of the pile as I wasn't receiving the letters at my current address.

Received a letter from mackenzie hall today stating they have been instructed by their client lowell portfolio 1 ltd to recover this debt. They put a payent deadline on the latter which was 3rd sept, latter is dated 27th august and yet I received it today 6th august. My first plan of action is to go down the CCA route and the whole statue barred thing, any other advice or info would be appreciated.x

[djdave]

Can you be more specific on the year? If it's over 6 years (5 in Scotland) and not subject to a CCJ, it will almost certainly be Statute Barred. This would probably explain MH's sudden interest, if their time is almost up!

 

Remember, the onus is on them to prove that you owe money, not for you to prove that you don't!

 

Unless you're certain it's statute barred, I'd write back and say that as you have absolutely no knowledge of this alleged debt and do not acknowedge it, they should send you a copy of the executed agreement they're relying on. A subtly modified version of the CCA request letter should do the trick.

 

Remember to enclose your £1 fee. I always include a paragraph such as "please find enclosed cheque number 112233 for £1 in respect of the statutory fee. Please note that under no circumstances is this to be put towards any alleged debt. If you are unable to supply the documents requested then you should return this fee."

 

Don't pay too much attention to their deadlines - they're just trying to panic you. And NEVER speak to them on the phone! Ever.

[MooseNoodles]

Hi thanks for your reply, the agreement was signed on 9th august 2000 but I can't be particualrly sure when I stopped making payments, I can only know for sure that it was 2001 but which month I do not know.

I have copied letter template N off this site and have underlined at the top of it that I don not acknowledge the debt, is that ok?

[djdave]

Absolutley. I recommend sending it Recorded Delivery (£1.04 for a standard letter) then you can prove if necessary when it was received.

 

If you can scan their eventual reply (taking care to hide all personal details) we'll be able to advise further.

[MooseNoodles]

Thanks alot I really appreciate your advice and will let you know what happens.xx

[Curlyben]

I would be inclined to START with the statute barred letter and save the CCA for later.

This debt is obviously old and RED/Lowell know that fact.

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

[MooseNoodles]

Ok cheers, will do the statue barred bit first.x