Template letter debt collector 12+2+30 day

outdriveman

Hi

Does anyone know where I can find the template letter 12+2+30 day to debt collectors?

Thanks in advance

Ms-Pacman

http://www.fightingdebt.co.uk/templates.html
cca request letter

Ms-Pacman

12+30+12 days

fermi

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worriedaboutcq

Hi all,

I'm new here so please forgive me if I seem unsure on anything.

My wife received a letter from CapQuest debt recovery on new years eve (yeah cheers thanks!) and is understandably worried. The alleged debt is only £135.

The debt apparently relates to a littlewoods direct account opened in 2004 and i've checked her credit record and there was a default put on in 2006. The thing is, neither of us have any idea what this is about, we've never had a littlewoods account - they used her maiden name in the correspondence (which would have been correct in 2004) and the littlewoods entry on her credit record refers to an address that she lived at before 2004. Her mum still lives there and forwards all post on and confirms that no letters have ever been received about this.

I read this helpful forum and used the CCA request letter and disputed the debt (i also rang littlewoods who said that they have no record of any orders on this account?!)

Now they've sent a copy of the letter of assignment as I requested (which apparently was sent to her old address 1 day before they wrote the letter to us at our current address, but yep you've guessed it no letter has turned up at the old address) but no copy of the CCA or statements. The 12+2 days are up (sent the letter on the 2nd recorded delivery) so I want to send the above letter, i believe it is appropriate but I am concerned about the default on her credit record - will the above letter get this removed or will I have to carry on fighting this. If so how? What do i do next? I've read around the forum but all of those seem to be for debts that the person has been paying, we've not paid anything as we'd never heard anything about it until the threatening letter from Capquest (nice surprise on new years eve)

Worried... No statements ever been sent, no recollection of any account with littlewoods, and a default on my wife's credit rating which is totally unjustified (How can an account be in default if they've never asked for payment!?)

Any advice on whether the above letter is appropriate would be gratefully received or any advice on what else I can do. They've acknowledged the dispute but say that only stops collection action for 28 days.

Thanks in advance

10past6

worriedaboutcq wrote: »

Any advice on whether the above letter is appropriate would be gratefully received or any advice on what else I can do. They've acknowledged the dispute but say that only stops collection action for 28 days.

Hi

You sent them the wrong letter, requesting a CCA gives them an indication you "Maybe" connected to the debt, still, what's done is done.

Send the following letter of to them, the onus is on THEM to prove the debt, you have no need to be phoning Littlewoods or anyone else at this stage:


Creditor / DCA
Address


Your Details


Date

Dear Sir/Madam

Account no: xxxxxxxx

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

I would point out that I have no knowledge of any such debt being owed to (insert company name).
I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I 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.

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

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

ONLY PRINT – NEVER SIGN YOUR NAME

worriedaboutcq

Thanks for the advice, would that letter deal with the default on her credit report though?

The reason I asked for the credit agreement was to prove the debt wasn't hers as they won't have one.

GeorgeUK

I would contact the credit reference agency so they can put a note on the file that the debt is indispute. Also tell them that this debt is not yours, not that you are just disputing the debt.

10past6

worriedaboutcq wrote: »

Thanks for the advice, would that letter deal with the default on her credit report though?

Write to the CRA raising a dispute, they (CRA) will go back to the creditor that issued the default.

If they (CRA / Creditor) refuses to remove the default, you raise a complaint through the Information Commissioneers Office (your complaint will be based on incorrect processing of your data)

You must gve the CRA / Creditor a chance to remove the default first.

guevara_2

Hi,

Robinson way have closed my account but they are refusing to take it off my credit file.

I contacted equifax and they contacted Robinson way but they sent the following reply to Equifax:
"this account has been closed but we will not remove the credit entry as we have provided all the info we are obliged to provide under the CCA and customer has never sent any proof of fraud or that the debt isnt hers and so will remain on file"

They only provided a blank credit agreement with no info on it (barring a reference number which was written by them) and how do i proof that the debt is not mine.

Any advice would be appreciatted

fermi

guevara wrote: »

Hi,

Robinson way have closed my account but they are refusing to take it off my credit file.

I contacted equifax and they contacted Robinson way but they sent the following reply to Equifax:
"this account has been closed but we will not remove the credit entry as we have provided all the info we are obliged to provide under the CCA and customer has never sent any proof of fraud or that the debt isnt hers and so will remain on file"

They only provided a blank credit agreement with no info on it (barring a reference number which was written by them) and how do i proof that the debt is not mine.

Any advice would be appreciatted

As a result of a recent legal ruling, they are entitled to keep any genuine default on file.

Sorry.