Angency Debt Recovery After 8 Yrs

Kaito_2 · 28 December 2007 at 12:50PM

Hello all,

This morning I received a letter from a collection agancy asking me to phone them regarding a debt not far off 5k. I phoned them and asked them what it was for and they told me, I said I hadnt had any dealings with the company for 10 years and they said so you are aknowledging the debt I quite categorically stated I did not recognise the debt and was in no way aknowledging it then hung up when he started asking me more questions. As the topic says it was defaulted probably over 8 years ago with no further contact to to the company. Can anyone advise what to do. Im going to the citizens advice but I cant do that for over a week. Ive heard of the Limitaions act 1980 but im not sure if it applies in scotland. I hate these companies and thought all this crap was over. I phoned the helpline on here and they said a lot of people have been phoning up in the last few days with the same problem and advised talking to citizens advice.

Your help would be greatly appreciated.

Kaito

:mad:

rog2 · 28 December 2007 at 1:47PM

Hi Kaito - First of all, do not worry about the dca trying to make you 'acknowledge the alleged debt' over the telephone. These 'lowlife' are trained at twisting your words - best bet is to deal with them in writing only and to preface any letter, to them, with the words; "I do not acknowledge any debt to your company or any organisation that you claim to represent".
Now back to the original problem. The 'debt' to which they refer is, almost certainly, covered by the Limitations Act, 1974' whereby provided that a 'debtor' has made no payment towards, nor acknowledged in writing, a debt for a period of six years, then that 'debt' becomes 'statute barred' and once the 'debtor' informs the creditor, or dca, that he will no longer be paying the 'debt' as it is 'statute barred' (the only reason he need give) then that creditor, or dca, can no longer pursue the 'debtor' for payment through the courts and should cease all further attempts to pursue the debtor for payment.

Have a look at the following link, where you will find a template letter that you can send to the scavenging pond-life at the debt collection agency:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Good luck.

Edit - Sorry, I've just seen that you are in Scotland - in which case the 'limitation period is FIVE years, not six, and the letter link is:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

I will leave the England/Wales link, for anyone else in a similar situation.

Who is this unscrupulous company that is chasing you?

stapeley · 28 December 2007 at 2:08PM

Never give then your phone number , withhold number if you call them . I would advise you not to give them any imformation , only use there referance numbers and if they don,t like that say you will only deal with them my letter ,and hang up. These people are trained in getting blood out of a stone ! good luck

Kaito_2 · 28 December 2007 at 5:40PM

First of all thank you very much for your help. :T

Its a company called UK Default Recovery with a PO box No in Glasgow. I take it thats so I cant send them recorded delivery letters. Will that be a problem?

Do I put the statement I do not recognise..... On the letter header with the cover letter from the debt helpline?

Also is there anyway it can be defaulted again and put back on my credit file?

Thanks again

rog2 · 28 December 2007 at 6:36PM

Kaito wrote: »

Do I put the statement I do not recognise..... On the letter header with the cover letter from the debt helpline?

Also is there anyway it can be defaulted again and put back on my credit file?

Thanks again

The National Debtline template letter has been legally drafted to ensure that you are not acknowledging the 'alleged debt'. However I would be inclined to insert the 'I do not acknowledge......' sentence in place of the 'Without Prejudice' that NDL uses.

No a default can not be recorded against a debt which has been 'barred by statute'.

Alfie_E · 28 December 2007 at 9:40PM

Kaito wrote: »

Its a company called UK Default Recovery with a PO box No in Glasgow. I take it thats so I cant send them recorded delivery letters. Will that be a problem?

You can send Recorded and Special Delivery items to a PO Box. If the owner of the box number rents a real box-shaped thing at their local Royal Mail delivery office, a card is left in the box. This is just like when Royal Mail try to deliver to your home and you’re not in. If, instead, the mail sent to a PO Box is automatically redirected to a street address, Recorded and Special Delivery items are signed for at that street address.

If you want to know who’s behind a box number, you just have to ask the Royal Mail. If everyone could hide behind a PO Box, every conman and charlatan would get one. You can call Royal Mail on 08457 740 740. You can ask for the address of the person or business who made the application and any redirection address. They’re usually the same address, but not always. SAYNOTO0870.COM gives 01752 387112 as an alternative geographic telephone number. The details can only be withheld when there’s a genuine need to protect personal safety, such as a women’s refuge.

The thread One debt / letters from 2 companies on this forum also concerns UK Default Recovery. A poster has stated that UK Default Recovery is a trading name for The Lewis Group Ltd. When a limited company uses an alternative trading name, they’re legally obliged to tell you their registered company name, as well. If UK Default Recovery is a trading name for a limited company, I would hope they told you this in your letter. You’d be perfectly free to contact them at whatever addresses the company use.

Angency Debt Recovery After 8 Yrs

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