mackenzie hall

fermi · 3 February 2012 at 2:08PM

If you desperately want to respond then the letter in this link might be appropriate.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

Have they provided any further detatils of the debt that allow you to work out what it is or if it was yours?

mancitychick · 3 February 2012 at 2:09PM

You will find a prove it letter here;

http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Edit: sorry, cross posted with fermi

jerryberry · 3 February 2012 at 2:16PM

Hi Fermi,
I havent contacted them at all and neither have I opened the last two letters as I was going to put them back in the post. So I am no where near finding out what it is. When I seperated from my 1st husband which was 15 years ago we had a verbal agreement that he would sort out the joint debts that we had at the time and not pay maintainence, to which I agreed. I presume everything was paid as I have not had any problems getting credit over the years. I remarried 9 years ago, so as I originally posted anything that may or may not be outstanding in my old married name will be at least 13 years old as before I got married I spent 4 years on my own and also went to University in that time so was not in a position to take any credit. I just hate these kind of letters.

Thanks

Wurzelmania · 20 March 2012 at 9:17AM

Well, I'm still getting them, but now the latest is is a 'red' letter demanding action before the 22nd March else they will take further action as appropriate. (check out my previous posts on this thread for background).

Now this is winding me up, but more so it is now upsetting my new wife (over just a month! :-) ) as she is worried that some debt collectors will turn up at the house when she is there on her own. Now I know the sum is less than £100, but it is the principle that I am defending. If I give in and just pay the amount, without any proof from them that I actually have this debt then that opens up exposure of myself as a soft target and also gives them more reasons to pursure and intimidate others who may not have support such as these forums.

I have checked and re-checked my credit profile through Experian and also through IDAware scheme that is run by LloydsTSB and NOTHING is coming up that relates to this.

So my action now will be to use the 'prove-it' letter to flush anything out.

Can anyone advise if they have used this approach before and how has this worked out?

Should I also contact OFT?

Thanks for any help.

Gordon_Hose · 20 March 2012 at 11:22AM

Chances are, and provided you've not made payment or written acknowledgment in the last 6 years, if it isn't on your credit file it is Statute Barred.

Send the prove it letter, see what comes back.

Then, depending on what they're chasing, send the SB letter if appropriate, that will stop them in their tracks completely.

The onus is on them to completely prove the money is owed. All these data protection excuses are smoke screen to aid their bullying and get people to just pay up out of fear. They don't care who pays.

mo1_2 · 20 March 2012 at 12:37PM

they wont turn up at your house (and even if they do they have no powers without a court order) there just a set of low life bullies trying to scare you,dont let them

fatbelly · 20 March 2012 at 8:41PM

This is an update of an earlier post.

If you've sent the prove-it letter (by recorded delivery preferably) and not had a sensible response then you need to take it further.

From the OFT's Debt Collection Guidance (2003, updated Nov 2012) they are engaged in the following unfair practices:

3.7o. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not valid

3.9k. failing to cease debt recovery activity whilst investigating a reasonably queried or disputed debt when the debtor has, or appears as if he may have, valid grounds for the query or dispute

and probably others - you can tick them off against the guidance.

If they persist with their activity, something like this might wake them up:

Dear Sirs

Complaint

On [date] I wrote to you regarding the account with the above reference number, for which you claim I owe £90. I pointed out that I have no knowledge of any such debt being owed to [The Loan Company]. I asked that no further contact be made concerning the above account unless/until you could provide evidence as to my liability for the debt in question

Despite this, you have continued to write [and phone] and make demands for payment.

I wish to complain that you have breached the following sections of the OFT's Debt Collection Guidance (2003, updated Nov 2012):

[copy and paste the sections]

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

In case you are unaware of the rules of that you are required to follow, I have been told that they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Financial Ombudsman Service and how long I have to do so.

If you are unable to provide me with a response within eight weeks, you must write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

I look forward to hearing your proposals.

Yours faithfully

Wurzelmania · 27 March 2012 at 12:15PM

Update (but not an exciting one).

The Prove It letter is on it's way, so only time will tell.

karma4 · 24 July 2013 at 2:22PM

I had 3 letters of them over a reposession. Yes my name was on the morg and my ex was paying the morg. I was and still am on benefits. Morgage express are asking for £42 260 , that ws the shortfall. (laughable). Its been 4 years now and i know with morgages its 12 years before they cant legally pursue you not 6 years. I did try and legal advice over this, but didnt qualify for legal aid. But gleamed what i could from a consulation. its really funny , but ive been doing everything already that you have advised people on how to handle this firm, as i sensed straight away that something wasnt right. If morgage express(bradford and bingley) asked them to chase the debt i feel i would have had more info from them other than a made up invoice for 42, 260 with two names on it and a few charges on it.(it really was made up invoice not professional at all) ... ive asked them to provide proof that they are contacting the other party, ive asked of the morgage broker, and application form for the morg, ( as i think the morg broker lied about the fact i was on benefits) How does someone apply to put there name to a morg when you have no means to pay it?? and if the morg company did except that then more fool them. I also asked for all evidence on what bradford and bingley did to sell the house as i felt they did not do enough to sell the house as the shortfall is so high. They also shouldnt have excepted such a low offer. So i asked all that, to be totally ignored. Its like talking to a brick wall! the last letter , the third, is a reduced settlement offer with no figure offered lol.... So i copied the last letter i sent and ill send that off until i get my info.ive said i want to go to the financial obsbudman as i feel, bradford and bingley haven't acted right.. this last letter took months to come.. so i dont know if anyone has more advice ill be grateful thanks

timbo58 · 27 October 2014 at 9:05AM

I've also now had 3 letters from them.
To the previous tenant, who was repossessed 4 years back.

I have no forwarding details for the tenant and told them so via email on the 2nd letter -since every other letter (and there have been a few, not all from these clowns either) previously in the last 3 years has been marked 'not at this address' I opened this one - as I believe I am entitled to since I had concerns there might be a debt attached somehow to the property and keen to solve the issue.

I have now had 2 more letters despite telling them in no uncertain terms I would regard further letters as harassment, (one of which referred to the mortgage which was the reason for the debt and acknowledged they'd been repossessed!- 2+2 clearly not adding up for DF solicitors!).

Looks Like I will now have to pursue this avenue, if it's possible of course.

I do get a bit fed up with putting letters into the bin, If I wanted to process mail for other people I'd have got a job in the post office! grrrrr.

mackenzie hall

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