Kays debt DCC - not mine - help!

getting-sorted-sarah · 17 February 2008 at 10:21PM

Hi, apologies if this isn't in the right place!

Got a letter yesterday from debt collection agency Fredrickson International Ltd, saying they had been instructed by Phoenix Recoveries to collect the "seriously overdue" debt of £34 for "Kays".

I have not had a Kays catalogue in 10 years, and have moved many times since then, and also never had a debt that I know of!

The letter had my name and address on it, I have been here about 9 months. I know it is not a huge amount of money, but it is not my debt - I have plenty of my own to pay off!

Any advice please?

bathgatebuyer · 17 February 2008 at 10:32PM

CCA request? That way you should find out what the debt relates to and whether it is from 10 years back, or whether it has been run up recently.

You say you have moved a lot recently - (former) tenants in my block were recently prosecuted after obtaining goods using the details of tenants who lived there before them. They were effectively ordering stuff on the catalogue accounts of the previous occupier. I'm not saying that's what's happened here, but just beware that if a piece of mail has slipped through to one of your addresses from Kays, it wouldn't be difficult for someone to use those details to obtain goods and run up a bill.

The CCA could clarify some of that though.

MrsTinks · 17 February 2008 at 10:33PM

Even if it IS yours then:

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.

So they can't touch you if you have not heard from them in 10 years and not acknowledged your debt - Returning to "is it your debt"?
Send them a letter stating you do not believe you owe this debt and you are disputing it and request they send you proof of the debt etc - think there is a letter format for this I'll have a look for you...

fermi · 17 February 2008 at 10:37PM

tine wrote: »

Send them a letter stating you do not believe you owe this debt and you are disputing it and request they send you proof of the debt etc - think there is a letter format for this I'll have a look for you...

This one normally does the trick.

Green = amend as appropriate.
1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Account No: 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully

Mr A N Other

MrsTinks · 17 February 2008 at 10:40PM

thanks fermi! exactly what I was looking for - now saved it for easier access

getting-sorted-sarah · 17 February 2008 at 10:42PM

Thank you all - just what I needed - will send that letter tomorrow!

I've had no letters at all from Kays or Phoenix. I suppose it could be a really old debt (run up by someone else as bathgatebuyer suggests) but I'm surprised it took so long to catch up with me. I got an Experian report about 18 months ago and the account didn't show then.

fermi · 17 February 2008 at 10:44PM

getting-sorted-sarah wrote: »

I've had no letters at all from Kays or Phoenix. I suppose it could be a really old debt (run up by someone else as bathgatebuyer suggests) but I'm surprised it took so long to catch up with me. I got an Experian report about 18 months ago and the account didn't show then.

If it should turn out that this is a debt of yours that you didn't realise existed from 10 or more years ago (and it does happen), then as others have quite rightly pointed out, the Limitation Act would make it unenforceable.

In that case, you send them the letter below.

1 High Street,
Newtown,
Kent
R21 4RH

May 3, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY OTHER ORGANISATION OR COMPANY YOU CLAIM TO REPRESENT.

Dear Sir/Madam

Acc/Ref No ********************

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the 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.

The OFT Debt Collection Guidance states further that “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”.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

Mr A N Other

getting-sorted-sarah · 16 March 2008 at 7:00PM

Hi

Just wanted to update, and say thanks to you all for your help - I wrote the first letter as advised and received a reply last week! Mysteriously they've decided to take no further action (damn right, too!) and closed the file.
Hooray!

fermi · 16 March 2008 at 10:28PM

getting-sorted-sarah wrote: »

Just wanted to update, and say thanks to you all for your help - I wrote the first letter as advised and received a reply last week! Mysteriously they've decided to take no further action (damn right, too!) and closed the file.
Hooray!

Funny that! :rolleyes: Great news Sarah.

Kays debt DCC - not mine - help!

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