Threating letter from CIQ Ltd Debt Collectors?

fultime

Hi
I don't know if anyone can help but my daughter has received a threating letter stating that she owes £1800 for a computer she bought 14 years ago from a company that went broke. At the time she owed £225 and tried to find out where to pay but was unsuccessful and she was advised to forget it as the company no longer existed. She received a similar letter 4 years ago from a different company and saw a solicitor who told her that as 6 years had elapsed they could not chase this money any longer, she paid for a solicitors letter sent it off and never heard anymore from this company, now this new company is sending her a similar letter with an exhorbitant amount. She rang them and they were very abusive to her on the telephone, they told her if she paid a certain agreed amount now on the phone they would forget the rest, she said that she did not intend to pay anything as the debt was 14 years old and was certainly nothing like the amount they were demanding from her but they said as they had only just taken over the debt the time limit began from now. Surely this can't be correct. I feel so sorry for her as she did try to pay the original £200 odd, it seems now that the original company that sold the debt to these two debt collecting agencys was HSBC bank, she has contacted them but they don't have any information. She works hard, pays her taxes etc and at the moment is struggling to make ends meet with her mortgage and a child to care for so she really dosn't need this harassment. Can anyone advise what her legal rights are and what she should do? Thanks in advance, I so hope you can help out there!

concerned Mum

fermi

fultime wrote: »

but they said as they had only just taken over the debt the time limit began from now. Surely this can't be correct.

It isn't. That is utter dribble. :mad:

The debt being sold on changes nothing.

EDIT: Never talk to these people on the phone. They will lie and cheat to get a payment.

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

If you send a letter from above, send it recorded delivery.

rog2

She was correctly advised by the solicitor - this 'debt' is, without a shadow of doubt, Statute Barred. Under the terms of the Limitation Act, 1980, providin that she has made no payment towards, nor acknowledged in writing, the debt for a period of six years, then that 'debt' is 'statute barred' and can no longer be pursued through the courts, once she tells the creditor/dca that she will not make any payments as the debt is 'statute barred' - she need give no other reason.
Have a look at the NDL link, below, and there is a template letter, at the end of the link, which she should send to the 'company' that is now pursuing this 'debt'.

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

fermi

Afternoon rog.

rog2

fermi wrote: »

Afternoon rog.

Hi fermi - you always were quicker at typing than me. :rolleyes:

concerned mum - this 'company' is, also, totally disregarding the Office of Fair Trading Debt Collection Guidelines to which, in order to retain their licence, they should adhere:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

They should be reported to Trading Standards.

fultime

Thanks so much for all of your advice and help, she has sent off the letter today by recorded delivery, hopefully that will be an end to it but at least we are now further armed as to what her rights are with regards to this. Thanks again I knew I could rely on you lovely people out there. :rotfl:

RAS

Hi

They should disappear, but if they have the audacity to try it on, there is a second letter that can be sent out.

I would second rog above. Your daughter needs to report them to the trading Standards closest to the company's office.

fultime

Hi again, unfortunately the company have contacted my daughter again today saying that she confirmed on the phone that the date the default was registered on her agreement was the 30th May 2003 therefore the amount claimed is not affected by the limitation act. She says she dosnt remember exactly what was said on the phone as she was under duress but she did acknowledge hearing from the previous debt collecting company and sending them a solicitors letter which was never replied to. They have also said that she should get in touch with HFC bank if she wants further clarification on the original agreement and they have put the agreement number. I don't know what to advise her to do, can anyone help? They also threaten that if she does not reply within 14 days and make payment proceedings will be brought against her. :mad:

rog2

fultime wrote: »

Hi again, unfortunately the company have contacted my daughter again today saying that she confirmed on the phone that the date the default was registered on her agreement was the 30th May 2003 therefore the amount claimed is not affected by the limitation act.

That, yet again, is total rubbish. Any confirmation of the 'alleged debt', by your daughter, must be in writing, and within the 'linitation period'.

The date that a 'default' was registered is totally irrelevant. The only two things that would have stopped this 'debt' from being covered by the Limitation Act would be:

1. Payment, by your daughter, towards the 'debt' within the six year limitation period.

or

2. Written acknowledment, by your daughter, of the debt, again within the six year limitation period.

This company is behaving abominably. Not only are they trying to mislead your daughter, they are, also, blatantly lying to her.

Has she spoken to National Debtline yet? They, or one of the other debt counselling charities, will happily clarify her legal position and it will cost her nothing - not even the price of a phone call:

NATIONAL DEBTLINE - 0808 808 4000

CCCS - 0800 138 1111

OR Your Local CAB.

Please get her to phone - companies like CIQ must not be allowed to behave like this.

fultime

Thanks so much for your advice, I will tell her to contact them straight away, she is very stressed out over it all and we have just had a major family bereavement so this is really hard to deal with at the moment. I have also contacted the Trading Standards office today on her behalf to see if they can do something.

Thanks very much you are a life saver you really are.

Karen

fultime

My daughter rang them this evening and they were very helpful and they are sending her out some info, also they confirmed what you have said that she is not liable for this money and they have advised her to write a letter asking for the original agreement and a statement, she has to include a postal order for £1 to cover cost for this, so we will wait and see what happens. Thanks again for all the help and for directing us to that web site.