Urgent Debt collection help needed please

JodyD · 26 February 2007 at 2:10PM

Hello, need a little advice please

I have a debt collection company contacting me about an outstanding amount of £805.00 from years ago and to which i had no knowledge of.
I have been in bad debt over the last few years and I sold my house to clear what i thought was all my debt (25k), i paid it all in full. Now I have this company at me for the above amount but i dont have the money right now.

I have spoken to them and they have agreed to reduce it to £655.00 which is what they say was originaly owed????? they suggested this not me.

I was wondering if anyone could advise me if its possible to haggle with these people, how far to take it and how much i could expect to get off the amount their asking. Also would it benefit me to possibly mention that i was thinking of possibly going bankrupt if i couldnt reduce the debt(s) i have currently?

They say they have contacted me several times but they definately have not.
I seem to recall the company they are acting on behalf but i have no way of checking the amount as ive been in touch with the original company and they say they have no records.

thanks in advance

Jody

JodyD · 26 February 2007 at 2:42PM

Can anybody help please? sorry to be impatient but I have to make the phone call asap

angelavdavis · 26 February 2007 at 2:44PM

Is the debt older than 6 years? If so, provided you haven't paid or corresponded with this company in this time, you aren't legally obliged to acknowledge the debt.

Taloola78 · 26 February 2007 at 2:46PM

Ask them for a copy of the signed credit agreement and a letter confirming the outstanding amount from the original company.
Do not admit to this debt as it is possible it's not yours.
Also like the above poster says, if it is over 6 years then it may be time barred.

JodyD · 26 February 2007 at 2:48PM

its from 15th jan 2003 unfortunately, any other suggestions?

Thanks for the reply

JodyD · 26 February 2007 at 2:50PM

Taloola78 wrote:

Ask them for a copy of the signed credit agreement and a letter confirming the outstanding amount from the original company.
Do not admit to this debt as it is possible it's not yours.
Also like the above poster says, if it is over 6 years then it may be time barred.

I will do that, thanks for the reply i appreciate your help

Any opinions on mentioning the possibility of bankrupsy?

Taloola78 · 26 February 2007 at 2:57PM

Dont let them bully you.
Even though it is in the time limit, It may still not be your debt.Or it may already paid.
They may try to scare you by threatening court and reposession and things, but they are only threatening you to scare you into paying.
Just keep telling them as soon as you see the signed credit agreement and any paperwork form the original account then you will sort matter sthen.
I know how hard it can be.
Be strong.

JodyD · 26 February 2007 at 3:00PM

Taloola78 wrote:

Ask them for a copy of the signed credit agreement and a letter confirming the outstanding amount from the original company.
Do not admit to this debt as it is possible it's not yours.
Also like the above poster says, if it is over 6 years then it may be time barred.

It was for a catalogue, would there be a credit agreement for a catalogue? if not should i be asking for anything else?

Storm · 26 February 2007 at 3:16PM

A signed credit agreement is the only way you can get credit, so they will have something they could send to you. Even though you recognise the catalogue name it may not be yours - could be someone with a similar name etc, which is why you have to see the signed agreement before paying anything or acknowledging the debt.

oakdale_minx · 26 February 2007 at 4:36PM

There is a letter somewhere which says you don't acknowledge a debt to this company and you have to prove you owe it to them first.

I can't remember the exact wording, but I'm sure another DFW'er will know what I'm rabbiting on about and pop a link up!

they have probably bought it for a fraction of the original debt cost and will now look to you to pay it.

Which Debt company have contacted you?

plumduff-2 · 26 February 2007 at 4:48PM

The letter is as follows, send recorded delivery and enclose the £1 stat fee... either postal order or cheque... If they dont provide the details requested, they cannot chase the debt... if they dont provide the details within 1 month, then they are comitted an offence which should then be reported to the OFT / Trading Standards / Info Commisiioner...

Dear Sir / Madam,

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order / cheque in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take noted at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours,

Urgent Debt collection help needed please

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